Martin v. McAvoy

This action is to recover alleged usury paid by the bankrupt to respondents McAvoy, and in the second cause of action to recover cars, or the value thereof, re-possessed by McAvoy upon the failure of vendees on conditional sale contracts to complete their payments as agreed. At the time of the bankruptcy of the company, there were outstanding contracts assigned to McAvoy of approximately $138,000.

In 1919, McAvoy and the Mitchell Company, which later became bankrupt, entered into an arrangement whereby, when the Mitchell Company sold automobiles on time, McAvoy would buy the conditional sale…