Fetty v. Colonial Bank

SAMUEL, Judge.

This matter is before us solely on a defendant motion to dismiss the appeal taken by the plaintiff.

Plaintiff’s petition alleges: Together with her now deceased husband, she was an individual endorser on two corporate notes held by the defendant bank; on June 2, 1975 she paid both notes; although the notes called for 8% interest per annum, the defendant had increased the interest to 10% on October 1, 1973 and had further increased the interest to 12% on February 25, 1975, thus making the loan usurious and resulting in a forfeiture by the defendant of all interest as provided by…