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HAZEN v. COOK

No. 16-80-06719; CA 19800.

637 P.2d 195 (1981)

55 Or.App. 66

Herbert C. HAZEN and Robert M. Crowe, Appellants, v. Jack L. COOK, Respondent, and James N. Richmond, Defendant.

Court of Appeals of Oregon.

Decided December 7, 1981.

Attorney(s) appearing for the Case

Terence J. Hammons, Eugene, argued the cause for appellants. With him on the briefs was Hammons & Jensen, Eugene.

John C. Gartland, Eugene, argued the cause for respondent. With him on the brief was Jarvill, Jarvill, & Gartland, Eugene.

Before BUTTLER, P.J., and RICHARDSON and WARREN, JJ.

BUTTLER, Presiding Judge.

Plaintiffs brought this action on a promissory note executed by defendants Cook and Richmond to collect the full amount of principal, together with interest at 11 percent per annum, costs and attorney fees. Defendant Cook1 asserted an affirmative defense alleging the material elements of usury, including an allegation that plaintiffs had a "corrupt intent" to collect...

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