Clarke v. Horany

This is an action brought under section 3 of the Usury Law 1 to recover treble damages for interest paid. After a trial without a jury the court gave judgment in favor of all defendants. Thereafter the court granted plaintiff’s motion for a new trial, specifying insufficiency of the evidence as one of the grounds for the ruling. Defendants have appealed from the order granting a new trial and plaintiff has taken a cross-appeal from the judgment, invoking the procedure authorized by rule 3(b) of the California Rules of Court. *

In passing upon plaintiff’s motion for a new trial the trial court…