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CROCKER v. BRANDT

No. 130-71.

293 A.2d 541 (1972)

Douglas CROCKER II et al. v. John M. BRANDT and Jerome Friedenberg.

Supreme Court of Vermont, Washington.

Reargument Denied June 15, 1972.

Reargument Denied July 12, 1972.

Attorney(s) appearing for the Case

Sten Lium, of Theriault & Joslin, Montpelier, for plaintiffs.

Free & Bernasconi, Barre, for defendants.

Before SHANGRAW, C. J., BARNEY, KEYSER and DALEY, JJ., and GIBSON, Superior Judge.

KEYSER, Justice.

Plaintiffs brought their bill to foreclose a mortgage deed upon real estate in the town of Warren known as the "Fat Cat" ski lodge for failure of the defendants to make the payments specified in the note secured by the mortgage. The defendants contested the action upon the ground that the interest charged was usurious under the then applicable Vermont law, 9 V.S.A. § 31. This statute fixed the legal...

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