Opinion
March, 1936.
Present — Hill, P.J., Rhodes, McNamee, Bliss and Heffernan, JJ. [See post, p. 920.]
This is an action to foreclose two mortgages, one for $11,000, and one for a balance of $3,500. The trial court held that usury was taken on the execution of the $11,000 mortgage, and that the mortgage on which there is $3,500 due was lawful in its inception. He has given judgment for the amount of $3,500 balance, and interest, together with costs. The case involves only a question of fact. Judgment and order unanimously affirmed, with costs.