Wheeler

Action to recover treble the amount paid as interest on an alleged usurious loan, and to enjoin a foreclosure sale based on another alleged usurious loan. A motion for a nonsuit was granted. Plaintiff appeals from the judgment.

Appellant contends that the motion for a nonsuit was insufficient in that it did not specify the grounds on which the motion was made, and that the evidence was sufficient to support a judgment in favor of appellant.

In the first cause of action, plaintiff alleged that prior to December 7, 1953, the defendants, other than Title Insurance and Trust Company, entered into a conspiracy to commit fraud and usury; about December 7, 1953, in furtherance of such conspiracy, defendants Superior Mortgage Company and Gluskin falsely represented that Superior and Gluskin would obtain a loan of $1,400 from Guaranty Corporation of America, that Superior would charge a commission of $400 for its services, and Superior would receive such commission from the proceeds of the loan; in reliance upon such repre sentations, plaintiff borrowed $1,400 from Guaranty and she executed, and delivered to Guaranty, a note for $1,400 and a trust deed to secure the note; Guaranty…