Ector v. . Osborne

CLARK, C. J., dissenting; WALKER, J., concurring in the dissenting opinion. This is an action on a note for $500 executed on 9 May, 1916, by the defendant Osborne to the defendant Abel, and indorsed by Abel to the plaintiff, to which the plaintiff interposes the plea of usury, alleging that the note was given for the balance of a loan of $1,000 on which usurious interest was charged, and that if the payments made are applied to the loan without interest nothing is due the plaintiff.

The plaintiff in her testimony gave the following account of the original loan: "I loaned Mr. Osborne, on 5…