New York Supreme Court February 15, 1895 (Smith v. Cross)

HARDIN, P. J.

Plaintiffs’ learned counsel insists that the referee erred in making certain findings of fact which support plaintiffs’ right to recover the amount advanced by the assignee of the mortgage, to wit, $4,500, notwithstanding the defense of usury, in accordance with the principles laid down in Miller v. Zeimer, 111 N. Y. 443, 18 N. E. 716.