Prather v. Lentz

BlacKEOüd, J.

Lentz, as assignee of the payee of a promissory note, brought an action of debt on the note against the makers, Prather and others. Pleas: 1st, That the note was executed by the defendants upon a usurious consideration; 2d, Payment to the payee before notice of the assignment; 3d, Pay*260ment to the plaintiff. Replications in denial of the pleas. The cause was submitted to the Court, and judgment rendered for the plaintiff.

Tile defendants, on the trial, offered as a witness the payee of the note, to prove the usurious consideration and the payments set out in the pleas. The plaintiff…