Vom Lehn v. Egbert

Action to foreclose mortgage on real property. All defendants have defaulted except Albert Moyer, a subsequent lienor. His answer makes inconsequential denials generally on information and belief. They will have to be disregarded. He pleads usury, however, as a separate defense and as a counterclaim for the amount of his hen. May a defendant, not a party to the bond and mortgage, seek affirmative relief on the ground that plaintiff, mortgagee, exacted from the mortgagor a usurious rate of interest? The cases seem to answer this question in the affirmative. (North River Mortgage Corp. v. 254…