Roth v. Kaptowsky

By this appeal plaintiff seeks to reverse a judgment of the Municipal court of Chicago discharging the New York Life Insurance Company as garnishee.

April 14,1938, Julius Both brought an action against William Kaptowsky and Fannie Kaptowsky, based on a promissory note executed by them January 16, 1928, for $4,000 with interest thereon. Defendants in their answer admitted they owed $1,040 but contested the balance on the ground that the note was usurious. November 16, 1939, judgment was entered’ for $1,040, the amount admitted to be due, and the cause was continued as to the balance of…