Anderson v. Hoard

Dawson, J. †

A suit on a promissory note by plaintiff, endorsee, resulted in judgment against defendants Maurice A. and Clara Hoard, husband and wife, makers. A second mortgage securing the payment of the debt evidenced by said note was foreclosed in the same action.

Mr. and Mrs. Hoard were not permitted by the trial court to present proof of the defense of usury, and they appeal from the judgment and decree of foreclosure. It is conceded that if the note is nonnegotiable, the trial court committed reversible error in depriving appellants of this defense.

The promissory note contains, inter…