Ariston Realty Co. v. Bernstein

In this action to foreclose its lien under section 141 of the Municipal Court act (Raws 1902, p. 1533, c. 580), the plaintiffe was met by this defense in the answer of the defendant:

“That heretofore, and on or about October 1,1905, the defendant [presumably the plaintiff] loaned the plaintiff [presumably the defendant] the sum of $50 *539under and in pursuance oí a usurious agreement whereby the plaintiff exacted of the defendant and the defendant agreed to pay to plaintiff interest in excess of 6 per cent, per annum, and that for the loan of $50 given to the defendant the note and chattel…