Legal Opinion · Dissent

Martorano v. Capital Finance Corp.

New York Court of Appeals

Decided July 29, 1942Published

1Dissent

I cannot agree with the decision about to be made which involves an interpretation of the following portion of section352 of the Banking Law:

"§ 352. * * * In addition to the maximum rate or amount of interest, consideration, or charges above specified, no furtheror other charge or amount whatsoever for any examination, service, brokerage, commission, expense, fee, or bonus orother thing or otherwise shall be directly or indirectly charged, contracted for, or received, except the lawful fees, if any, actually and necessarily paid out by the licensee to any public officer for filing, recording,…

2Cases cited4 opinions

  1. London Realty Co. v. . RiordanNew York Court of Appeals · 1913
  2. Stuback v. SussmanNew York Court of Appeals · 1939
  3. Stuback v. SussmanAppellate Division of the Supreme Court of the State of New York · 1939
  4. Krulik v. Confidential Personal Loan Co.New York Supreme Court · 1941

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