BENTON v. SUN INDUS.


277 A.D. 46 (1950)

Oliver J. Benton et al., Appellants, v. Sun Industries, Inc., Defendant, and Jefferson Credit Corporation, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 6, 1950.


Attorney(s) appearing for the Case

David Paris for appellants.

Leo Preston Rood for Jefferson Credit Corporation, respondent.

PECK, P. J., CALLAHAN and VAN VOORHIS, JJ., concur with DORE, J.; SHIENTAG, J., concurs in the result in opinion.


DORE, J.

The issue is whether a so-called "credit charge" 62% in excess of the original cost of an automobile (40% to be paid in one year) is usury or a legitimate and legal charge for deferred payment on credit instead of payment in full for cash.

Plaintiffs bought from defendant Sun Industries, Inc., as seller, a 1942 Cadillac car for $2,224 and received credit for $1,000 on a turned-in Oldsmobile, thus...

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