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SAUL v. MIDLANTIC NAT. BANK/SOUTH

240 N.J. Super. 62 (1990)

572 A.2d 650

DANIEL J. SAUL, PLAINTIFF-APPELLANT, v. MIDLANTIC NATIONAL BANK/SOUTH, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 10, 1990.

Attorney(s) appearing for the Case

Daniel J. Saul, appellant, argued the cause pro se.

James H. Laskey argued the cause for respondent (Norris, McLaughlin & Marcus, attorneys).

Jamieson, Moore, Peskin & Spicer submitted a brief on behalf of amicus curiae New Jersey Bankers Association (Dennis R. Casale, of counsel and on the brief).

Before Judges DEIGHAN and VILLANUEVA.

The opinion of the court was delivered by VILLANUEVA, J.S.C., Temporarily Assigned.

Plaintiff appeals from the denial of his motion for summary judgment which sought forfeiture of alleged usurious interest and the granting of defendant bank's motion for partial summary judgment wherein the court ruled that the New Jersey Supreme Court had unequivocally held that a retail installment sales contract is not subject to the Usury Act, N.J.S.A. 31:1-1.

Plaintiff...

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