MARCELLI v. ROMANO


32 Misc.2d 250 (1961)

Vincent A. Marcelli, Plaintiff, v. Michael Romano, Defendant.

County Court, Schenectady County.

December 29, 1961


Attorney(s) appearing for the Case

Beyerl, Higgins, Houlihan, Roberts & Beyerl (Robert J. Coan of counsel), for plaintiff. Poersch, Sevits, Riemer & Poersch (Mathias P. Poersch of counsel), for defendant.


ARCHIBALD C. WEMPLE, J.

In this action the plaintiff sues to recover moneys in the amount of $3,000 loaned to the defendant on or about December 10, 1958, together with the interest thereon. The defendant admits the loan but as a separate defense sets up an alleged "corrupt and unlawful agreement" under which he was required to and asserts he did pay in connection with the loan a sum in excess of the legal rate of 6%. In essence, the plaintiff asserts...

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