1 Indian Terr. 550 | Ct. App. Ind. Terr. | 1898
(after stating the facts); The de|ise in this action is that the note which is secured by the attel mortgage is void for usury. The burden of proof is, jnce, upon the defendant to establish this fact by a pre-iderance of the evidence. The note was payable to the iler of F. G-. Smith, who was the wife of F. M. Smith, lo claims to be a loan broker and attorney, and the only pess introduced on the trial was F. M. Smith, except one [ness, who simply testified to the value of the property |luded in the chattel mortgage. The defendant introduced fjesfcimony, and relies upon the cross-examination of said I. Smith to make out his case, Smithtestifi.es that his i has no interest in the note; that it was made payable to as a matter of convenience, and that he acted as agent of the defendant in the making and sale of note and mortgage to raise the money for the de