Wilson Industries, Inc. v. Newton County Bank

SMITH, Justice:

Wilson Industries has appealed from a final judgment of the Circuit Court of Newton County, dismissing its suit brought by it as plaintiff against Newton County Bank. The gravamen of the action as stated in the declaration was that, at a time when plaintiff’s' debt to Newton County Bank had been less than $60,000 the bank had usuriously demanded of it, and as a consequence it had paid to the bank $90,000, all of which sum the plaintiff alleged it was entitled to recover under the provisions of Mississippi Code 1942 Annotated section 36 (1956).

The substance of the bank’s…