Kendig v. Marble

Adams, On. J.,

dissenting. — The paragraph of the answer which the majority holds constitutes a sufficient defense is in these words: “ That the confession of judgment was adopted as a fraudulent device and is such to aid the plaintiff in evading the statute against usury, plaintiff well knowing that the contracts were usurious. ■ That this defendant believed at the time of the execution of the same it was only for the amount due, without usury, as before stated.”

In National Bank of Michigan v. Green, 33 Iowa, 140, it was held that each count of a pleading must be sufficient in itself for the…