FURBER v. SIDELL


6 Misc.2d 554 (1957)

Harold M. Furber, Plaintiff, v. Helen V. W. Sidell et al., Defendants.

County Court, Wayne County.

June 3, 1957.


Attorney(s) appearing for the Case

Philip L. Zenner for defendants.

Carl L. Katz for plaintiff.


JAMES D. HURLEY, J.

This is a motion made by the defendants for a jury trial of the issues.

In this action to foreclose a mortgage on real property, defenses of usury and of payment are raised by the answer.

While courts have granted jury trials of the question of usury pleaded as a defense in a mortgage foreclosure action, I am satisfied that a jury trial of such an issue is not a matter of right...

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