DIVERSIFIED ENTERPRISES, INC. v. WEST

No. 2371.

141 So.2d 27 (1962)

DIVERSIFIED ENTERPRISES, INC., a Florida corporation, Appellant, v. Walter O. WEST, Appellee.

District Court of Appeal of Florida, Second District.

May 16, 1962.


Attorney(s) appearing for the Case

Edward A. Linney and Donald J. McNevin, St. Petersburg, for appellant.

H. Rex Owen of Bussey, Simmons & Owen, St. Petersburg, for appellee.


KANNER, Judge.

Plaintiff-appellee brought action for recovery upon two promissory notes, each in the principal sum of $10,000 bearing 10% interest from date of maturity, executed and delivered to him by defendant. Two aspects of the usury laws of Florida were considered by the trial judge sitting without a jury, who held that civil and not criminal usury had been established as a defense and allowed recovery upon only one note in its principal sum, with attorneys...

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