Jefferson Title & Mortgage Corp. v. Dempsey

The finding that “ there was no usury involved in this transaction ” is supported by the evidence. The tender, made in writing before the trial and renewed at the trial, “ of this balance of the premium claimed to be usurious, with interest thereon ” was not a conclusive or unequivocal admission that the transaction was usurious. The common law rule that a plea of tender constituted an admission of a cause of action to the extent of the sum tendered, would have no application here even if the rule itself had not been in some respects changed by statute. (Civ. Prac. Act, §§ 171, 173. Cf.…