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JOHNSON v. CHRYSLER CREDIT CORP.

Nos. 789, 790, September Term, 1974.

26 Md. App. 122 (1975)

337 A.2d 210

JAMES EDWARD JOHNSON ET AL. v. CHRYSLER CREDIT CORPORATION. GIRARD FORCELLA, JR. ET AL. v. FORD MOTOR CREDIT COMPANY.

Court of Special Appeals of Maryland.

Decided May 6, 1975.

Attorney(s) appearing for the Case

Robert S. Sherman and Erwin Frenkil for appellants.

No. 789, Fenton L. Martin, with whom were Roger A. Clapp and Clapp, Somerville, Black & Honemann on the brief, for appellee Chrysler Credit Corporation.

No. 790, Lewis A. Noonberg, with whom were Paul V. Niemeyer, David F. Tufaro and Piper & Marbury on the brief, for appellee Ford Motor Credit Company.

The cause was argued before ORTH, C.J., and GILBERT and LOWE, JJ.

LOWE, J., delivered the opinion of the Court.

As part of the Retail Installment Sales Act of 1941,1 the Legislature prohibited holders of such agreements from including in them what has come to be known as an "insecure" clause. Md. Code, Art. 83, § 130 (d) reads:

"§ 130. Provisions forbidden in instruments. No seller, sales finance company, or holder shall at any time take or receive any instrument...

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