Kase v. Bennett

Emery, V. C.

The bill in this case is filed to foreclose a mortgage given by the defendants to the complainant, on lands lying in the township of East Orange, Essex county, and the defence set up at the - hearing is usury.

It is insisted that the usurious nature of the transaction arises out of the terms and conditions of the bond and mortgage, and the provisions therein relating to taxes. The condition of the bond, after the provision for payment of certain sums of money, and interest thereon at the rate of six per cent., adds:

“together with all national, state, county and municipal taxes…