Moore v. Lindsay

The defense of usury is interposed to the plaintiff’s action of foreclosure of a mortgage upon the defendant’s real property, based upon plaintiff’s alleged exaction, when the mortgage loan was closed, of the sum of thirty dollars, the amount of the tax paid to the register of the county of ¡New York upon recording the mortgage. Defendant also claims that the complaint does not state a cause of action in that it omits affirmatively to allege payment of the mortgage recording tax. The latter contention is without merit. The complaint states a complete cause of action. The cause of action is…