SMALL v. ELLIS

No. 6634.

90 Ariz. 194 (1961)

367 P.2d 234

W.J. SMALL, husband of Hazel M. Small, dealing with his sole and separate property, Appellant, v. George L. ELLIS and Rachael M. Ellis, his wife, Appellees.

Supreme Court of Arizona. In Division.

December 13, 1961.


Attorney(s) appearing for the Case

Clark & Coker, Phoenix, for appellant.

Evans, Kitchel & Jenckes, Phoenix, for appellees


PATTERSON, Judge.

This is an appeal by plaintiff from a judgment of the Superior Court of Maricopa County in an action upon a promissory note to which the defense of usury was sustained. The material facts of the case are not in dispute. The plaintiff loaned defendants $210,000 in consideration of which defendants executed a promissory note for $246,750. The promissory note containing an acceleration clause reads as follows:

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