Caldwell v. Commercial Bank of Waynoka
Supreme Court of Oklahoma
Error from District Court, Major County; J. C. Robberts, Judge. Action by the Commercial Bank of Way-noka against S. J. Caldwell and others upon a promissory note and to foreclose a mortgage given to secure the same. Judgment for plaintiff, and the defendant named brings error.
1Opinion of the CourtCollier, J.
This is an action brought by the Commercial Bank of Waynoka, hereinafter styled plaintiff, against -S. J. Caldwell et al., hereinafter styled defendants, as as-signee, upon a promissory note and for foreclosure of a mortgage securing the same.
The sufficiency of the petition is not questioned.
The defendant S. J. Caldwell was the only one of the several defendants who answered and he pleaded that the note here sued upon and the mortgage sought to be foreclosed were tainted with usury, and prayed that the amount of such usurious interest be ascertained and that double the amount thereof he…
2Cases cited2 opinions
- Kelly v. BaughmanSupreme Court of Oklahoma · 1917
- Midland Savings & Loan Co. v. NeighborSupreme Court of Oklahoma · 1916
3Cited by4 opinions
- Pierce v. C. I. T. Corp.Supreme Court of Oklahoma · 1935
- First State Bank of Pond Creek v. Bank of JeffersonSupreme Court of Oklahoma · 1925
- Haney v. Temple Trust Co.Court of Appeals of Texas · 1932
- Haney v. Temple Trust Co.Court of Appeals of Texas · 1932