Vanasse v. Esterman

This is an equitable action in which plaintiff seeks affirmative relief, namely, to have a deed declared to.be a mortgage, and for relief against usury. He alleges that he borrowed $6,100, and that the. iender exacted $1,000 therefor for the period of two months and four days, making a total of $7,100 to be paid to redeem the property; and then, relying upon the statute against usury, he claims a credit of $1,000, the amount alleged to have been illegally taken, which deducted from $6,100 actually received leaves $5,100, which he alleges he tenders into court in satisfaction of the debt and…