LEE CONSTRUCTION CORP. v. NEWMAN

No. 61-759.

143 So.2d 222 (1962)

LEE CONSTRUCTION CORP., a Florida Corporation, Appellant, v. Benjamin NEWMAN and Anna Newman, Individually, and As Co-Partners, D/B/a Benann Mortgage Co., Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied August 13, 1962.


Attorney(s) appearing for the Case

Milton Wallace, Miami, and Battisti & Persandi, Coral Gables, for appellant.

Orr & Lazar and Richard Y. Feder, Miami Beach, for appellees.

Before PEARSON, TILLMAN, C.J., and HORTON and CARROLL, JJ.


CARROLL, Judge.

This is an appeal from a final decree dismissing a suit by a borrower to cancel a note and mortgage for usury, and granting the lenders' counterclaim for foreclosure.

The appellant corporation borrowed $44,000 from appellees Benjamin and Anna Newman, hereinafter called the lenders, who were doing business under the firm name and style of Benann Mortgage Company. In return the lenders received a note and mortgage for $52,000 payable in eight...

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