Appellate Division of the Supreme Court of New York, 1946

Gunn v. Snaggs

Gunn v. Snaggs
Appellate Division of the Supreme Court of New York · Decided November 29, 1946
271 A.D.2d 824
Gunn v. Snaggs

Opinion of the Court

We are of the opinion that the defendant did not sustain the burden of proving usury. We also think the court should have admitted in evidence the bank records of plaintiff showing his withdrawal of $1,500 on the day of making the alleged loan in that amount to defendant. For these reasons and because there may be additional testimony on a retrial, the judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event. Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. Present — Martin, P. J., Townley, Glennon, Callahan and Peck, JJ. 4

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