
    THE GUARDIAN MUTUAL LIFE INSURANCE COMPANY, Respondent, v. ELEANOR KASHOW and others, Appellants.
    
      Usury.
    
    Appeal from, a judgment in favor of plaintiffs, entered on the report of a referee.
    The action was brought to foreclose a mortgage given by defendants to the plaintiff. The defense set up was usury, defendants having given a bonus of $3,000 in mortgages to get a loan of $7,000.
    The court after a review of the evidence, was of opinion that the plaintiff took the mortgages thus given to procure the loan, and that the defense was therefore sustained by the proof; and it reversed the judgment, and ordered a new trial, costs to abide the event.
    
      Smith <& Btanbrough, for the appellants.
    
      Livingston K. Miller, for the respondent. ‘
   Opinion by Barnard, P. J.

Present—Barnard, P. J., Tappen and Donohue, JJ.

Judgment reversed, and new trial granted at Special Term, costs to abide the event.  