Morrison Waite

“ The surety has not, any more than his principal, the right to recover back the interest without the aid of a statute. Consequently, if his principal could not make this defense, he cannot. The forfeiture and the remedy are creatures of the same statute, and must stand or fall together. ”

“ That the original of the note in suit was discounted and taken by the bank on the twenty-seventh of June, 1871; that the money advanced thereon at the time was only $8,434.65; that the loan was renewed by six subsequent notes, the last being the note in suit; that upon such loan and each of the renewals the bank 'knowingly took, received, reserved, and charged' usurious interest amounting in the aggregate to $3,736.50; that the defendant is only surety for Israel Stephens, the maker of the note ”