Bailey v. Newberry

On January 31, 1918, Mrs. Annie Newberry, executed a note for $1100, payable to J. A. Hightower. The note was due January 1, 1919. It recited a charge of 8 per cent, interest per annum after maturity. Up to February 26, 1931, there had *694been paid on the note $1176.61. J. A. Hightower died, and Mrs. Hilda H. Bailey as executrix of his estate brought suit for the balance due on the note. The defendant filed a plea of usury, setting up that only $1000 was received by her, and that the $100 was reserved as interest for the use of the money for a year. On the trial the evidence for the defendant…