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HAVENS ET UX v. WOODFILL

No. 1070A175, 6, 7 — Consolidated.

148 Ind. App. 366 (1971)

266 N.E.2d 221

HAROLD V. AND MARGARET HAVENS ET UX v. JOSEPH E. WOODFILL.

Court of Appeals of Indiana.

Rehearing denied March 10, 1971.

Transfer denied July 7, 1971.

Attorney(s) appearing for the Case

Patrick W. Mullen, of Indianapolis, for appellants.

Ralph Hamill, Hamill, Price & Carroll, of Indianapolis, for appellee.

HOFFMAN, C.J.

This appeal arises from the overruling of defendants-appellants' motion to correct errors. Plaintiff-appellee initiated the action requesting a declaratory judgment that certain promissory notes bearing an interest rate of 9% were not usurious under the applicable statute.

Acts 1969, ch. 106, § 1, p. 248, Ind. Stat. Anno., § 19-12-101, Burns' 1970 Cum. Supp., reads as follows:

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