SHAPIRO v. WEISSMAN


19 Misc.2d 407 (1959)

Jerome Shapiro, Doing Business as Federal Factors Co., Plaintiff, v. Frank Weissman et al., Defendants.

Supreme Court, Special Term, Nassau County.

May 11, 1959.


Attorney(s) appearing for the Case

Newman, Aronson & Neumann for plaintiff.

Harold W. Grubart for defendants.


FRANK A. GULOTTA, J.

This is an action to foreclose a mortgage given by the defendants as collateral security for their written personal guarantee of a corporate obligation. The defense of usury has been interposed.

In support of their defense defendants have endeavored to prove that the loan was in fact made to these defendants personally but that the corporate form was used as a disguise so that a rate of interest in excess of the legal rate...

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