Van Vechten v. McGuire

The opinion of the court was delivered by /

Swayze, J.

This action was.brought to recover money paid to the defendant under a' contract alleged to be usurious. The case-settled by the court contains a statement of the evidence, but there is no formal statement of the facts found *153to have been proved. From the statement of the evidence it seems to have been undisputed that, ■ on September 1st, ■1900, the defendant let the plaintiff have $50 in cash. The plaintiff testified that it was a loan. The defendant testified that the contract was a contract for the purchase of the unearned future pay of…