Saunders v. Resnick

Parkee, J.,

Opinion by

This is an action .in assumpsit brought under the Act of May 28, 1858, P. L. 622, §2 (41 PS §4), for ,the recovery of alleged usurious interest. Defendant filed an affidavit of defense containing new matter and plaintiff filed a reply raising a question of law and entered á rule for judgment for the amount claimed. ,The lower court sustained the plaintiff’s'legal position, made the rule absolute and entered judgment for the amount of the claim less ,$33, which is. not now in dispute. Defendant has appealed. ■ ■ ■

Accepting the averments in the statement of claim which were…