Milana v. Credit Discount Co.

The plaintiff appealed from a judgment of nonsuit in an action to establish that certain purported purchases by the defendants of accounts receivable were usurious loans, and to recover treble the amount of interest paid within one year prior to the commencement of the action. (Stats. 1919, p. lxxxiii, Const., art. XX, § 22.) Assuming the transactions to be loans the court appointed a referee to report on the amount of interest that had been paid. Upon the filing of the referee’s report the trial continued. At the close of the plaintiff’s case a motion for a nonsuit was granted on the ground…