East New York Savings Bank v. Lang

In an action brought to recover interest due and unpaid on a bond made by the defendant and another in favor of the plaintiff, order denying plaintiff’s motion for summary judgment affirmed, with ten dollars costs and disbursements. The defenses of usury present a triable issue as to whether the guaranty was exacted in good faith, or whether it was merely a device to conceal a usurious loan. (Hartley v. Eagle Insurance Co., 222 N. Y. 178.) Depending upon the facts of the particular case, the requirement of a guaranty might be a perfectly legitimate transaction, as in Brown v. Jones (89 Misc.…