Selected Investments Corp. v. Spencer-Sedbrook

The corporation, as plaintiff, sued defendant for $123.29 as a balance due on a $200 promissory note evidencing a loan of money. Defendant denied generally ' and affirmatively pleaded the transaction to be usurious, directing the plea to the falsity of the nonusury affidavit supporting plaintiff’s action. Defendant counterclaimed for double the amount of alleged usury collected but later dismissed the counterclaim. Judgment was for defendant, based upon the verdict of a jury.

The undisputed facts are that on October 26, 1942, defendant borrowed $200 from plaintiff, as evidenced by the note…