In tbe absence of аllegations in tbe complaint tbat plaintiff paid to defendant аs interest on loans оf money made by defеndant to plaintiff, sums in exсess of six per cеntum per annum, tbe demurrеr of defendant to tbe complaint was properly sustained. Allеgations tbat defendаnt charged and received usury, on notes disсounted by plaintiff with defendant, are not sufficiеnt to constitute a cause of action on wbicb plaintiff is entitled to recover tbе statutory penalty for usury paid by plaintiff to defendant. Nor are аllegations tbat defеndant charged plaintiff interest in excess оf six per cent on loans of money made by defendant to plаintiff, sufficient, without tbe further аllegation tbat plаintiff has paid to defеndant such interest.
Tbe stаtutory penalty for сharging usury is tbe forfeiture оf all interest on tbe lоan; it is only when tbe borrower has paid usury to tbe lender of money, tbat be can recоver in a civil action as tbe statm tory pеnalty for taking and receiving usury, twice tbe amоunt paid. C. S., 2306.
McNeill v. Suggs,
It is significant that in the instant case plaintiff did not amend his complaint as he was allowed to do by the judgment, and thus cure the specific defect therein to which his attention was directed by the demurrer. The judgment is
Affirmed.