Melton v. Snow
Supreme Court of Oklahoma
Mrror from District Court, Greer County; C. F. Irwin, Judge. Action by O. P. Melton against E. Snow. Judgment for defendant, and plaintiff brings error. On the 3d day of .November, 1905, the plaintiff in error, as plaintiff, commenced his action against the defendant in error, as defendant, in the probate court of Greer county, Okla., declaring in the sum of $410, being for the recovery of usurious interest paid by the plaintiff to the defendant.
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Mrror from District Court, Greer County; C. F. Irwin, Judge. Action by O. P. Melton against E. Snow. Judgment for defendant, and plaintiff brings error. On the 3d day of .November, 1905, the plaintiff in error, as plaintiff, commenced his action against the defendant in error, as defendant, in the probate court of Greer county, Okla., declaring in the sum of $410, being for the recovery of usurious interest paid by the plaintiff to the defendant. On the 5th day of September, 1906, judgment was rendered in said court in favor of the plaintiff against the defendant in said sum. An appeal was…
1Opinion of the CourtWilli Ims, J.
(after stating the facts as ab'ove). Article 2, c. 14, p. 94, Sess. Laws Okla. T. 1895, provides:
“Section 1. Under an obligation to pay interest, no rate being specified, interest is payable at the rate of seven per cent, per annum.
“Sec. 2. Section' 6, 7, 8 and 9 of article 6, chapter 16, of the compiled laws of 1893, entitled ‘Contracts,’ are hereby repealed.” (Approved February 21, 1895.)
Section 1, c. 14, p. 93, Sess. Laws Okla. T. 1895, provides:
“That section 10, of article 6, of chapter 16, Oklahoma Statutes, be, and the same is hereby amended so as to read^ as follows: (section 10) All…
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