FINE v. H. KLEIN, INC.


10 N.J. Super. 295 (1950)

77 A.2d 295

EMANUEL FINE, TRADING AS WORMSER & COMPANY, PLAINTIFF, v. H. KLEIN, INC., A CORPORATION OF NEW JERSEY, HARRY KLEIN AND TESSIE B. KLEIN, DEFENDANTS.

Superior Court of New Jersey, Essex County Court Law Division.

Decided December 7, 1950.


Attorney(s) appearing for the Case

Mr. Sidney Krieger, for the plaintiff.

Mr. Max L. Rosenstein (Mr. Samuel R. Blaine, appearing), for the defendants.


HARTSHORNE, J.C.C.

Plaintiff sues defendant corporation on a series of promissory notes, of which the individual defendants are endorsers. These notes contain acceleration-on-default clauses, provide for 15% attorneys' collection fees, and were, in part at least, secured by a chattel mortgage.

The defendant, among other defenses, has pleaded that of usury. In reply, plaintiff relies on the so-called corporate usury statute, which provides: "No corporation...

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