Trimble v. Delling

Opinion by

Judge Pryor :

If the position maintained by counsel can be regarded as the law, there is nothing in the record showing that any usury was paid in advance, or at the expiration of each year. The payment of certain sums is alleged to have been made, and after deducting the payments and calculating the interest at six per cent., the amount properly due and owing is reached; nor does the reply allege that the ' usury was paid, but proceeds by admitting the facts stated in the answer as true, and the payment of interest each year as alleged by the defendant. In the case of Smith v. Young,…