Opinion
March 17, 1952.
Present — Nolan, P.J., Carswell, Adel, Wenzel and Schmidt, JJ.
Action on a promissory note which had been surrendered to the makers upon the execution and delivery by them of a renewal note, which, in another action, had been held to be usurious. Defendants appeal from a judgment in plaintiff's favor rendered after a trial by the court without a jury. Judgment unanimously affirmed, without costs. The renewal note did not effect payment on the prior note, now sued upon, and the payee was, therefore, an owner and holder, entitled to sue and, on proper proof, entitled to recover thereon.