Jansen v. Nu-West, Inc.

— Loans made primarily for commercial purposes are exempt from the usury law. In this usury action, a jury determined that the loan was primarily for a noncommercial purpose and that the usury statute applied. However, while the factual circumstances of making a loan *435are within the province of the jury, the ultimate determination of the primary purpose of the loan is a question of law. We hold that the determination of the loan’s purpose was improperly submitted to the jury, and that the primary purpose of the loan here was commercial, as a matter of law. We therefore reverse the judgment and…