124 Misc. 741 | N.Y. App. Term. | 1925
The action was commenced to recover money loaned and certain counsel fees which the respondent contends it was obliged to pay by reason of the appellant’s default. The answer of the latter contained the defense of usury, and this issue was litigated upon the trial. While the principal grievance of the appellant seems to lie in her claim that the finding of the trial justice was clearly against the weight of the credible evidence, we do not consider it necessary to determine this, as the improper exclusion of competent evidence tending to support the said defense calls for a reversal of the judgment below. It appears that a chattel mort
Judgment reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event.
All concur; present, Bijur, Wagner and Levy, JJ.