Charlton v. Ward

In an action to foreclose a mortgage the defendants plead as a counterclaim that the mortgage had an usurious inception and that the plaintiff was a party to and profited by the transaction. The plaintiff did not reply to the counterclaim and the case came on for trial, having been noticed by the plaintiff. Plaintiff introduced her proof and rested. The defendants then moved to dismiss the complaint, on the ground that plaintiff had not proved her cause of action. This motion being denied, the defendants introduced some evidence and then moved for judg*240ment on the counterclaim. Defendants’…