Astra Pictures, Inc. v. Schapiro

Appellate Terms of the Supreme Court of New York

Astra Pictures, Inc. v. Schapiro

182 Misc. 19, 48 N.Y.S.2d 858, 1944 N.Y. Misc. LEXIS 2014

Appellate Terms of the Supreme Court of New York·Decided June 3, 1944·Published·Cited by 7 cases

Opinion

Memobandum Per Curiam.

Appellant is entitled to plead the defense of usury. While the corporate defendant may not plead usury, the appellant’s intestate, who signed the note as comaker, may avail himself of that defense.

[20]*20The order should be modified to the extent of granting defendant-appellant’s motion to amend the answer to include the defense of usury, and, as modified, affirmed, without costs. Service of amended answer, on or before June 12th, to be without prejudice to the present position of the cause upon the calendar.

Shientag, McLaughlin and Hecht, JJ., concur.

Ordered accordingly.

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Memobandum Per Curiam.

Appellant is entitled to plead the defense of usury. While the corporate defendant may not plead usury, the appellant’s intestate, who signed the note as comaker, may avail himself of that defense.

[20]*20The order should be modified to the extent of granting defendant-appellant’s motion to amend the answer to include the defense of usury, and, as modified, affirmed, without costs. Service of amended answer, on or before June 12th, to be without prejudice to the present position of the cause upon the calendar.

Shientag, McLaughlin and Hecht, JJ., concur.

Ordered accordingly.

Astra Pictures, Inc. v. Schapiro, 182 Misc. 19, 48 N.Y.S.2d 858, 1944 N.Y. Misc. LEXIS 2014 (N.Y. Ct. App. 1944).

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Opinion

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