APPLEBAUM v. LAHAM

No. 63-422.

161 So.2d 690 (1964)

Herman APPLEBAUM and Martin A. Miller, Appellants, v. Jean LAHAM and Florida Business Leader, Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied March 31, 1964.


Attorney(s) appearing for the Case

Bernard B. Weksler, Miami, for appellants.

Henry G. Simmonite and Garland M. Budd, Miami, for appellees.

Before BARKDULL, C.J., and HORTON and HENDRY, JJ.


BARKDULL, Chief Judge.

This is an appeal from a final decree rendered in a transaction involving allegations by the appellee, Jean Laham, that a note he had executed to the appellant, Herman Applebaum, was tainted with usury. Many factors of this case have become moot by the passage of time, and the only question remaining is whether or not a $3,000.00 payment extracted from the appellee at the time of the execution of the note was usury or a payment on principal...

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