Christopher v. Taglieri

Plaintiff moves for summary judgment in an action to foreclose a mortgage on real property. The defendants have pleaded the defense of usury in their answer. Plaintiffs do not deny that the underlying loan, for which the subject mortgage was given as collateral security, was usurious, but contend that the loan was made to a corporation and consequently the individual defendants may not properly raise this defense.

In July of 1959 the defendant, Frank J. Taglieri, acting for and on behalf of the Taglieri Corporation, of which he was president, executed a series of notes providing for a…