BURR v. RENEWAL GUARANTY CORPORATION

No. 9828.

105 Ariz. 549 (1970)

468 P.2d 576

James H. BURR and Kathryn Burr, his wife, Appellants, v. RENEWAL GUARANTY CORPORATION, a Colorado corporation, Appellee.

Supreme Court of Arizona, In Banc.

April 29, 1970.


Attorney(s) appearing for the Case

Wade Church, Phoenix, for appellants.

Holman, Lewis, MacArthur & Carver, by John D. Lewis, Tempe, for appellee.


LOCKWOOD, Chief Justice.

Plaintiff, Renewal Guaranty Corporation, hereinafter referred to as "the lender" sued James H. Burr and his wife, hereinafter referred to as "Burr", on a promissory note. The defense was usury. The trial court, sitting without a jury, gave judgment for the lender, and Burr appealed.

The facts are not in dispute. The lender is a Colorado corporation, duly registered under the Money Lender's Act of Colorado, which permits it to charge...

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