Lowenstein v. Phelan

This is an action .to foreclose a mortgage upon real estate. Tbe defense is usury. The plaintiff claims to be a .bona fide purchaser of the notes and mortgage for value without notice, and before the maturity of the notes. On the trial of the cause the court made special findings: First. That the notes in question were given for an usurious consideration. Second. That the plaintiff purchased the notes in controversy in the regular course of business, in good faith,, for a valuable consideration, and without knowledge or-notice that they had been given for an usurious consideration, or that…