SHAFFRAN v. HOLNESS

No. 44.

102 So.2d 35 (1958)

Abraham SHAFFRAN, Appellant, v. J.E. HOLNESS, Jr., also known as Joseph E. Holness, Jr., and ____ Holness, his wife, if married, and mildred S. Holness, a single woman, Appellees.

District Court of Appeal of Florida. Second District.

Rehearing Denied April 25, 1958.


Attorney(s) appearing for the Case

Seymour J. Simon, Miami, and Paty, Downey & Daves, West Palm Beach, for appellant.

Holland, Bevis, McRae & Smith, Bartow, and Farish & Farish, West Palm Beach, for appellees.


PER CURIAM.

This was a mortgage foreclosure action in which the defense of usury interposed by the mortgagors in their counterclaim was sustained by the chancellor.

Appellant, who was the plaintiff in the lower court, sought foreclosure of a second mortgage; defendants answered denying all material allegations of the complaint and averred that the note secured by said mortgage was usurious and in violation of the usury laws.

Plaintiff and defendants...

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