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GENERAL MOTORS ACCEPT. CORP. v. MID-WEST CHEVROLET CO.

No. 807.

66 F.2d 1 (1933)

GENERAL MOTORS ACCEPTANCE CORPORATION v. MID-WEST CHEVROLET CO.

Circuit Court of Appeals, Tenth Circuit.

June 22, 1933.

Attorney(s) appearing for the Case

Bruce McClelland, Jr., of Oklahoma City, Okl., and Anthony J. Russo, of New York City (Preston C. West and A. A. Davidson, both of Tulsa, Okl., and Pierce, McClelland, Kneeland & Bailey, of Oklahoma City, Okl., on the brief), for appellant.

C. B. Stuart and Philip N. Landa, both of Tulsa, Okl. (E. J. Doerner and Hal Crouch, both of Tulsa, Okl., and Merrill S. Bernard, of Sand Springs, Okl., on the brief), for appellee.

Villard Martin, of Tulsa, Okl., amicus curiæ.

Before PHILLIPS and McDERMOTT, Circuit Judges.

McDERMOTT, Circuit Judge.

The appellee recovered a judgment on the verdict of a jury for $377,718.00, in an action bottomed on the Oklahoma Usury Statute which provides that: "The taking, receiving, reserving or charging a greater rate of interest than is provided by the preceding section shall be deemed a forfeiture of twice the amount of interest which the note, bill or other evidence of debt carries with it, or which has been agreed to be paid thereon. In case...

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