Pape v. Woolford Realty Co.

1. Where a suit was brought in two counts upon two sex'ies of notes, and where, in answer to the second count, the defendant pleaded that the notes therein sued on had been given for a loan in the amount of the notes, but that at the closing of the loan the lender retained a certain surn as usury and delivered only the remainder to the defendant as the borrower', and that because of these facts the plaintiff was entitled to recover only the sum which the defendant had obtained, the plea went merely to the justice in part of the plaintiff’s demand, and did not set up a counter-demand against…