Garbarini v. American Snyder B. & L. Ass'n

Per Curiam,

John Garbarini, a stockholder in and borrower from the defendant building and loan association, brought this action in assumpsit to recover from it certain sums paid by way of premium, alleging that such payments were usurious. After pleadings were filed, the court below, on a motion for judgment for want of a sufficient affidavit of defense, entered a judgment for the plaintiff for two dollars. Plaintiff appealed, complaining of the amount allowed.

The plaintiff, on July 11, 1919, gave a mortgage to the defendant building and loan' association and assigned to it shares of stock…