Morton v. Breimer

Appellate Division of the Supreme Court of New York

Morton v. Breimer

3 A.D.2d 898, 163 N.Y.S.2d 368, 1957 N.Y. App. Div. LEXIS 5493

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 14, 1957

StatusPublished

This text of 3 A.D.2d 898 (Morton v. Breimer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Morton v. Breimer, 3 A.D.2d 898, 163 N.Y.S.2d 368, 1957 N.Y. App. Div. LEXIS 5493 (N.Y. Ct. App. 1957).

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Opinion

Order affirmed, with $20 costs and disbursements to the respondent. No opinion. Concur — Breitel, Botein, Rabin and Bergan, JJ. Peck, P. J., dissents and votes to reverse and grant the motion to dismiss the complaint with leave to replead in the following memorandum: It may be that the transaction here was usurious but the complaint lacks a sufficient statement of facts to show usury. The complaint does no more than attach two documents and concludes that they constitute usury. I would not say that the documents alone, without any showing of the surrounding facts and circumstances revealing a usurious intent, would constitute usury.

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Order affirmed, with $20 costs and disbursements to the respondent. No opinion. Concur — Breitel, Botein, Rabin and Bergan, JJ. Peck, P. J., dissents and votes to reverse and grant the motion to dismiss the complaint with leave to replead in the following memorandum: It may be that the transaction here was usurious but the complaint lacks a sufficient statement of facts to show usury. The complaint does no more than attach two documents and concludes that they constitute usury. I would not say that the documents alone, without any showing of the surrounding facts and circumstances revealing a usurious intent, would constitute usury.

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Bluebook (online)

3 A.D.2d 898, 163 N.Y.S.2d 368, 1957 N.Y. App. Div. LEXIS 5493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morton-v-breimer-nyappdiv-1957.