Van Etten v. Howell

Ryan, C.

This suit was brought for the collection of a promissory note made by the plaintiffs in error to John W. Howell, for $512.50, due on or before three months after its date, which was March 26, 1889. One defense was that the note in suit grew out of one for $450 made between the same parties, upon which note, however, the answer alleged that there was paid to the makers thereof but $325, wherefore it was insisted all notes subsequent to the first were tainted with usury. Another defense set up by answer was that the payee of the series of notes resulting in and including that sued on…