Plaintiff in an action on a promissory note moves for summary judgment. The answer admits the making of a note for $40,000, which on its face provided for interest of 4% per annum, but alleges a superseding oral agreement to pay interest of $100 per week plus 3% per annum, which, constituting usury, is a complete defense. In support of his motion plaintiff charges that he was unrepresented by counsel when the agreements were made and...
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