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Astra Pictures v. Schapiro

Supreme Court, Appellate Term, First Department
Jun 3, 1944
182 Misc. 19 (N.Y. App. Term 1944)

Opinion

June 3, 1944.

Appeal from the City Court of the City of New York, New York County, PARELLA, J.

David Berg for appellant.

Gustave I. Jahr for respondent.


MEMORANDUM


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.

The 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.


Summaries of

Astra Pictures v. Schapiro

Supreme Court, Appellate Term, First Department
Jun 3, 1944
182 Misc. 19 (N.Y. App. Term 1944)
Case details for

Astra Pictures v. Schapiro

Case Details

Full title:ASTRA PICTURES, INC., Respondent, v. IDA SCHAPIRO, as Administratrix of…

Court:Supreme Court, Appellate Term, First Department

Date published: Jun 3, 1944

Citations

182 Misc. 19 (N.Y. App. Term 1944)
48 N.Y.S.2d 858

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