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STEFFENAUER v. MYTELKA & ROSE, INC.

87 N.J. Super. 506 (1965)

210 A.2d 88

JOHN STEFFENAUER, PLAINTIFF, v. MYTELKA & ROSE, INC., D.M. & F.R., INC., A CORPORATION OF NEW JERSEY, AND B-W ACCEPTANCE CORPORATION, A CORPORATION OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided May 3, 1965.

Attorney(s) appearing for the Case

Mr. Cyril J. McCauley for plaintiff (Mr. Samuel J. Davidson, on the brief).

Mr. Ira A. Levy for defendants (Messrs. Gallanter & Levy, attorneys).

MATTHEWS, J.S.C.

In this action plaintiff seeks a determination that the transaction between the defendants and him, as described hereinafter, is usurious. His complaint demands discovery of the real nature of the transaction pursuant to N.J.S.A. 31:1-4, and he seeks to compel the defendant B-W Acceptance Corporation to accept payment of principal only, as provided in that statute.

The matter is presently before me on defendants' motion for summary...

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