LIEBERGESELL v. EVANS

No. 3697-2.

23 Wn. App. 357 (1979)

597 P.2d 908

VIRGINIA B. LIEBERGESELL, Respondent, v. FRANKLIN W. EVANS, ET AL, Appellants.

The Court of Appeals of Washington, Division Two.

May 21, 1979.


Attorney(s) appearing for the Case

Gordon, Thomas, Honeywell, Malanca, Peterson & O'Hern and Valen H. Honeywell, for appellants.

Sinnitt, Tietge & Sinnitt and Paul Sinnitt, for respondent.


PEARSON, C.J.

We granted discretionary review of the denial of the motion by Franklin W. Evans and Donald E. Kotowski for a partial summary judgment against the plaintiff, Virginia Liebergesell. Defendants' motion contended that they were entitled to rely on the defense of usury in plaintiff's action to recover sums of money she had loaned to them, plus interest as stated on the notes given to her by Mr. Kotowski. Although most of the notes carried interest at rates...

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