Brown v. Giger

*77Durham, J. —

Plaintiffs brought this action to recover moneys owed them by defendant under the terms of a promissory note. The trial court entered summary judgment for plaintiffs, but the Court of Appeals reversed, holding that defendant's debt must be offset by usury penalties. We reverse the Court of Appeals and reinstate the judgment of the trial court.

I

The facts are established by the depositions and affidavits accompanying the parties' cross motions for summary judgment. In the spring of 1983, defendant Sharon Giger borrowed $33,000 from the plaintiffs in this action, five married…