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1 John Mabee and Eliza Mabee, his Wife, Respondents, against Andrew Crozier, Appellant: Appellant's Points 1879

handle is hein.trials/abhf0001 and id is 1 raw text is: SUPREME COURT-Cou rn OF TomPINS. JOHN MKBEE AND ELIZ, MABEE, I HIS WI-IFE, RESPONDENTS, A AGAINST Appellant's Points. ANDREW CRozIER, APPELLANT. I STATEMENT. This is an action to enjoin the foreclosure of a mort- gage, and to declare the same void for usury. Prior to the 22nd day of April, 1873, the plaintiff, John Mabee, applied to the defendant for a loan of $1000. There is some conflict in the evidence of the parties as to what negotiations followed. The plaintiff, John Mabee, claiming that the defendant insisted that if he got a certain government bond cashed, the said plaintiff must give him a mortgage of ,1,250 for the amount to be received on the sale of said bond, whatever that might be. Fol. 5. And the defendant claiming that he sold a government bond of $1,000 to the plaintiff at a prem- in of 25 per cent. above par, (including some interest that had accumulated. Fols. 47-49. The result of the negotiations was, that on the 22nd day of April, 1873, the plaintiff executed and delivered to the defendant a mortgage for the payment of $1,250, for which the defendant directed his banker, Mr. Parten- heinier, with whom the bond had been left for safe keep- ing, to deliver to the plaintiff the bond, or the amount of

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