WALNUT DISCOUNT CO., v. WEISS.


205 Pa.Super. 161 (1965)

Walnut Discount Co., Appellant, v. Weiss.

Superior Court of Pennsylvania.

March 18, 1965.


Attorney(s) appearing for the Case

Abe Lapowsky, for appellant.

William T. Adis, for appellees.

Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).


OPINION BY FLOOD, J., March 18, 1965:

The plaintiff has appealed from an order of the court below opening his judgment upon the ground that the underlying obligation was usurious. He contends that the note represented a corporate obligation and the appellees, as individual guarantors of the obligation of a corporation, cannot successfully raise the defence of usury.

The defendants made an agreement dated February 19, 1960, under which they purported to guarantee...

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