Szczotka v. Idelson

Defendants appeal from a judgment declaring void and usurious a $60,000 note owned by them, as well as a second trust deed securing such obligation on certain motel property belonging to plaintiffs. The judgment also permanently enjoined defendants from seeking the remedy of foreclosure otherwise available to them.

The subject litigation had its genesis in a three-cornered deal occurring in 1959. The pretrial order properly notes that the “case is somewhat complicated.” In October or November of that year, the defendants employed one LaSatier, a real estate broker, to exchange their equity in…