GRAMATAN NAT. BANK & TRUST CO. v. DeGRAFF

Calendar No. 9. Docket No. 50,525.

374 Mich. 148 (1965)

132 N.W.2d 148

GRAMATAN NATIONAL BANK & TRUST COMPANY v. DeGRAFF.

Supreme Court of Michigan.

Decided January 4, 1965.


Attorney(s) appearing for the Case

Joseph C. Cox, for plaintiff.

Alvin G. Dahlem, for defendants.


BLACK, J.

Plaintiff bank sued defendants upon the "Note" we shall describe. With other affirmative matter defendants pleaded usury. Most of the facts were stipulated. All issues were tried to the court. The trial judge prepared and filed a well considered opinion. The conclusion reached was:

"This case is governed by the case of Bird Finance Corp. v. Lamerson, 303 Mich. 422, and the contract upon which the note in question is based is usurious...

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