Davey v. First Nat. Bank of Deadwood

Citations

• 8 S.D. 214
• 66 N.W. 122
• 1896 S.D. LEXIS 12

Syllabus

<p>1. To entitle a party to recover -usurious interest under the provisions of Sec. 5198, Rev. St. U. S., such interest must have actually been paid either in money or its equivalent; and the mere charging of such interest in a running account is not a payment of the same within the meaning of that section.</p> <p>2. Neither will the including of such usurious interest in a promissory note entitle the maker to recover it, until such note is in fact paid.</p> <p>(Syllabus by the Court.</p>