Lancia v. Grossman's of Rhode Island, Inc.

This action of the case was brought pursuant to the provisions of G. L. 1956, §6-26-4, to recover money paid to the defendant under an alleged usurious loan and mortgage in violation of our usury statute, §6-26-2. The cause is before us on the plaintiffs’ single exception to the decision of a justice of the superior court overruling their demurrer to the defendant’s special plea.

The plaintiffs are husband and wife. Their declaration alleges in substance that on April 5, 1961, they made and executed a negotiable promissory note, payable to defendant, in the sum of $721.36; that the note and a…