Furber v. Sidell

This is a motion made by the defendants for a jury trial of the issues.

In this action to foreclose a mortgage on real property, defenses of usury and of payment are raised by the answer.

While courts have granted jury trials of the question of usury pleaded as a defense in a mortgage foreclosure action, I am satisfied that a jury trial of such an issue is not a matter of right, but rests in the discretion of the court. (New Orleans Gas Light and Banking Co. v. Dudley, 8 Paige, ch. 451; Apel v. O’Connor, 39 Hun 482.)

This motion, made pursuant to section 429 of the Civil Practice Act, should…