
    Smith v. Prentiss, appellant.
    
      Usury—subsequent gift by borrower. '
    
    Where a loan was made at seven per cent, held, that a subsequent gift of a certain sum per year by the borrower to the children of the lender did not affect the legality of the transaction.
    Appeal from a judgment in favor of plaintiff, in an action tried by the court without a jury. The action was brought in Kings county to foreclose a mortgage by Increase 0. Smith against Samuel J. Smith, Jr., and others, among whom were G-uy E. Prentiss and wife, who alone defended and appealed.
    
      O. G. & S. F. Prentiss, for appellants.
    
      Merritt F. Sawyer, for respondent.
   Barmard, P. J.

The opinion contains nothing of general interest. The head-note states the only point of any importance passed upon.

Judgment affirmed.  