Forte, J.
This is an action on a promisory note to pay $2,100 within sixty days. The complaint alleges, and the answer admits, that $2,000 was borrowed and the additional $100 was interest.
In the answer, the defendant alleges the note was in violation of G.L.c. 271, § 49, therefore usurious, and requests, as a defense, the note be declared void.
At the trial, there was evidence that the plaintiff on August 27, 1976 loaned the defendant $2,000...
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