MODERN PIONEERS INSURANCE COMPANY v. NANDIN

No. 8377.

103 Ariz. 125 (1968)

437 P.2d 658

MODERN PIONEERS INSURANCE COMPANY, an Arizona corporation, Appellant, v. Oscar S. NANDIN, and Carmen G. Nandin, his wife, Appellees.

Supreme Court of Arizona. In Banc.

February 21, 1968.


Attorney(s) appearing for the Case

William P. Lutfy, Allan K. Perry, Phoenix, for appellant.

Alena Cantor, Herbert Mallamo, Phoenix, for appellees.


McFARLAND, Chief Justice:

Plaintiff-appellant brought an action against defendants-appellees (hereinafter referred to as Nandin) to foreclose a chattel mortgage and a real-estate mortgage. The defense was usury. Both parties made motions for summary judgment. The superior court denied plaintiff's motion, and sustained defendants'. Plaintiff appealed.

The following facts are undisputed: There is an office building at 811 North Third Street, Phoenix, Arizona...

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