Pardee v. Fetter

For reasons presently made apparent, I am unable to sign the opinion prepared by Mr. Justice Carr.

The text of this opinion will be taken from Rockmore v. Epstein, 127 Misc 526 (217 NYS 76, 77), as follows:

“Every one except a corporation may invoke the defense of usury. The determination of whether the denial of a defense of usury to a corporation can be extended by implication, so as to deny such a defense *555to an individual who is a comaker of a note is to he determined by the nature and character of that individual’s obligation under the note and the circumstances under which he assumed the…