Stein v. Goldsmith

Appellant sued appellee and Jacob Stein upon a promissory note made to him by them as partners. Appellee defended on the ground of usury. Jacob Stein made no defense. That for some consideration the appellant did receive from the firm more than legal interest upon the money by him loaned to the firm and for which the note sued upon was given, was not disputed; and upon conflicting testimony, so nearly balanced that a verdict upon it is final, the jury has found that that consideration was usurious interest.

The appellant contends that, from the face of the note sued upon (which was in renewal…