Freed-Goodall Furniture Co. v. Morris Plan Co.

The majority opinion affirmed the judgment of the trial court holding that no interest in excess of 10% per annum was charged, reserved, or collected in the series of transactions set forth in the record. I am unable to agree thereto for the reason that I am convinced that the record conclusively shows that usurious interest was reserved, charged, and collected by defendant in error.

The three defendants admitted the execution of the note sued upon and then pleaded payment by them and receipt by plaintiff of usurious interest, in that: The original debt was in the sum of $9,000, evidenced by a…