The admission of the plaintiffs that the issue of indebtedness might be answered in the sum of $384 with interest from 26 January, 1929, which was done, brings the case under the decisions in Waters v. Garris, 188 N. C., 305, 124 S. E., 334, and Miller v. Dunn, 188 N. C., 397, 124 S. E., 746, and renders the questions relative to forfeiture of interest and penalty for usury, debated on brief, academic, at least so far as the present record is concerned.

No error.