Lubin v. Rosenthal

The opinion of the court was delivered by

Brogan, Chief Justice:

The plaintiff sued at law to recover moneys alleged to have been usuriously paid by him to the defendant.

The question before us is whether it was error for the trial court to have directed the entry of a judgment of nonsuit against the plaintiff.

The facts exhibited in the record disclose that the plaintiff and his wife executed two bonds and real estate mortgages to the defendant, one for $16,000, in the year 1923, and the other, at a later date, for $9,000. Before the execution of the first bond and mortgage, the parties agreed,…