Rice v. Dunlap

This is an appeal by the plaintiff from a judgment against it in an action to recover upon two promissory notes executed and delivered by the defendant in the sum of $4,020, each, due in six months from the date thereof (September 13, 1923), with interest at the rate of eight per cent per annum. The action was tried upon the complaint and the answer and counterclaim of defendant, which set up the alleged usurious character of the transaction evidenced by the notes. Upon this defense the trial court held with the defendant and gave judgment that plaintiff take nothing.

The record shows that the…