Smithers v. Heather

This is a suit in equity to -foreclose a mortgage for thirteen thousand dollars, with ten per cent, interest, given by defendants to one Jacob B. Baker, to secure two notes of six thousand five hundred dollars each, payable in two years from September 29, 1869. Complainant received an assignment in January, 1870, for which lie paid ten thousand, or ten thousand two hundred and fifty dollars, to Baker. The defense set up is, that he dealt with Baker, not on his own account, but as the agent of defendants, and *448that all beyond the purchase money and interest, is usurious.

The evidence shows…