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RIDDLE AIRLINES, INC. v. MANN

No. 60-347.

123 So.2d 682 (1960)

RIDDLE AIRLINES, INC., a Florida corporation, Appellant, v. Philip A. MANN, Jerry Pressman and David J. Fischman, individually and as joint venturers doing business under the name and style of Aircraft Investment Company, Aircraft Investment Company, a corporation, and L.B. Smith, a Florida corporation, Appellees.

District Court of Appeal of Florida. Third District.

October 24, 1960.

Attorney(s) appearing for the Case

Sibley, Grusmark, Barkdull & King, Miami Beach, and Irving B. Levenson, for appellant.

Don G. Nicholson, Miami, for appellees.

CARROLL, CHAS., Judge.

The appellant sued in equity to have a lease under which it had held an aircraft declared to be a loan arrangement infected with usury. Possession of the aircraft had been retaken by appellees for alleged nonpayment of rent.

The complaint was stricken for sham, leaving pending a legal counterclaim for certain unpaid monthly rent and additional rent based on the period of operation of the aircraft. The items for which damages were sought...

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