AMERICAN SAV. LIFE INS. CO. v. FIN. AFFAIRS MAN. CO.

No. 1 CA-CIV 1167.

13 Ariz. App. 44 (1970)

474 P.2d 51

AMERICAN SAVINGS LIFE INSURANCE COMPANY, an Arizona corporation, Appellant, v. FINANCIAL AFFAIRS MANAGEMENT CO., Inc., an Arizona corporation, George E. Gaylord and Virginia E. Gaylord, husband and wife, Harold G. Brown and Florence E. Brown, husband and wife, William J. Lowes and Cecile C. Lowes, husband and wife, and Kenneth Biaett, Trustee, Appellees.

Court of Appeals of Arizona, Division 1, Department B.

September 8, 1970.


Attorney(s) appearing for the Case

Standage, Allen & Phelps, by Gove L. Allen, Mesa, for appellant.

Biaett & Bahde, by Kenneth Biaett, Phoenix, for appellees.


HAIRE, Judge.

On this appeal from an order granting defendant-appellees' motion for a new trial, the primary question raised by the appellant, American Savings Life Insurance Company, requires that this Court consider the evidence and the instructions to the jury concerning a usury defense raised by the defendant-appellees.

In the trial court American Savings filed an action to collect the balance due on a $220,000.00 promissory note and also sought to foreclose...

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