American Airmotive Corp. v. Ellman

District Court of Appeal of Florida

American Airmotive Corp. v. Ellman

101 So. 2d 834, 1958 Fla. App. LEXIS 2738

CourtDistrict Court of Appeal of Florida

DecidedApril 8, 1958

DocketNo. 57-32

StatusPublished

Cited by2 cases

This text of 101 So. 2d 834 (American Airmotive Corp. v. Ellman) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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American Airmotive Corp. v. Ellman, 101 So. 2d 834, 1958 Fla. App. LEXIS 2738 (Fla. Ct. App. 1958).

Pincite

Opinion

PER CURIAM.

This appeal is from a foreclosure decree in favor of the plaintiff, in a suit tried before the chancellor, on the complaint, the answer and counterclaim, the reply to the counterclaim and the evidence submitted by and on behalf of the parties.

The defense was a claim of usury (interest at the rate of 31.9% per annum) in violation of Section 687.07, Fla.Stat., F.S.A. The findings of the chancellor, based on conflicting evidence, absolved the lender of knowingly charging usurious interest.

After hearing oral argument, and after extensive study and consideration of this appeal, it is the opinion of this court that on the case as it was pleaded and tried in the circuit court, and giving the required effect to the chancellor’s findings thereon, the decree should be, and it hereby is affirmed, on authority of Maule v. Eckis, 156 Fla. 790, 24 So.2d 576.

Affirmed.

CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.

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