Peterson v. Crown Financial Corp.

MEMORANDUM

LOUIS H. POLLAK, District Judge.

Plaintiff instituted this action to recover $363,875.62 which he had paid to defendant under protest in connection with certain loan transactions. On July 20, 1979, I denied defendant's motion for summary judgment and granted, in part, plaintiff’s motion for summary judgment, holding (1) that defendant’s December 1972 cancellation and surrender of plaintiff’s promissory note discharged plaintiff’s obligation to pay accrued interest on the note in the amount of $363,875.62, and (2) that plaintiff’s payment of that sum, under protest, on January 7,1976,…