GRAFA v. SCHENCK

GRAFA v. SCHENCK
1917 OK 135
162 P. 1119
62 Okla. 272
Case Number: 7743
Decided: 01/30/1917
Supreme Court of Oklahoma

GRAFA ET AL.
v.
SCHENCK.

Porter Newman, of Durant, for plaintiffs in error.
Hayes & McIntosh, of Durant, for defendant in error.

HOOKER, C.

¶1 This is a suit instituted by the defendant in error against the plaintiffs in error to recover a judgment upon a promissory note. The defense relied upon here is that of usury, and it is alleged in the answer that the defendants have paid about $170 usury upon the note since it was executed before the institution of the suit. The record is here by transcript, and not by case-made. The errors complained of cannot be reviewed for the reason that the same requires an examination of all of the evidence; and, inasmuch as the evidence is not before us, we cannot intelligently pass upon the objections urged by the plaintiffs in error. However, it might not be amiss to say that the case of Miller v. Oklahoma State Bank,

¶2 The judgment of the lower court is therefore affirmed.

PER CURIAM.

Adopted in whole.