Bebell v. . Ehrlich

The action was brought by the plaintiffs to foreclose a mortgage upon certain real property situated in Queens and Nassau counties. Emeline Roffe, the appellant, holder of a subsequent mortgage on said premises, and the trustee in bankruptcy of the owner of the equity of redemption were the only defendants who .answered. Each answer set up an affirmative defense of usury. At the close of the trial the defendant Roffe amended her answer by adding the defense of payment.