Hebron Bank v. Gambrell

Citations

• 116 Miss. 343
• 77 So. 148

Syllabus

<p>1. Usury. Actions. Evidence. Accounting.</p> <p>Where in a suit by a customer of a bank for an accounting he filed slips showing that the bank had charged him one hundred and seventeen dollars and forty-seven cents usurious interest on invoices and overdraft accounts and testified generally that he had examined the books of the bank, and it was his best judgment that the overcharge or the usurious interest charged on both these accounts amounted to two hundred and forty dollars and thirty-two cents, such evidence did not justify a decree in his favor for both the one hundred and seventeen dollars and forty-seven cents and the two hundred and forty dollars and thirty-two cents as the first item was included in the second and besides the- testimony as to the two hundred and, forty dollars and thirty-two cents is very indefinite and should have ' been more certain and specific.</p> <p>2. Banks and Banking. Evidence. Actions against banks. Opinion.</p> <p>Where the bank with which a partnership engaged in the sawmill business did their banking business credited the partnership with only enghty per cent, of the amounts of sale of lumber, retaining twenty per cent, of the price until the purchaser had finally settled for the lumber, and one of the partners brought suit for an accounting, his testimony that he had looked at the books of the bank and tried to ascertain as best he could what amount if any was due the partnership on the twenty per cent, retained and that according to his best judgment, he thought it was about six hundred dollars, such evidence was his opinion rather than a statement of fact, and was too vague and indefinite to support a decree in his favor,-especially where officers of the bank testified and explained, according to the books that the partnership had been credited fully with the amount retained.</p> <p>3. Usury. Recovery of usurious interest. Ignorance or mistake.</p> <p>Where a bank is sued for usurious interest charged by it, the fact tha