Cutler v. Glenn

McCLENDON, Chief Justice.

Suit by Glenn, receiver of Temple Trust. Company, against Cutler, upon the last of a-series of notes executed by Ely and wife in. favor of Temple Trust Company, and thereafter ássumed by Cutler; and to foreclose a 'trust deed lien securing the notes. Cutler-pleaded usury, which defense the receiver contended was not available, since Cutler’s assumption purged the transaction of such; taint. The trial court sustained this contention, refused to admit evidence sustaining the plea, and rendered judgment for the receiver upon a directed verdict. Cutler has appealed.

The…