All Purpose Finance Corp. v. D'Andrea

Dissenting Opinion by

Me. Justice Bobeets:

“May individual sureties to a usurious loan made to a corporation raise the defense of usury where the *347corporation itself is precluded from raising the defense of usury?” As the majority views this case, that is the issue confronting the Court today. I, too, would so style the issue were it not for the fact that I strongly believe the time has come to eliminate the distinction between primary obligors and accommodation parties for purposes of determining which individuals may raise the defense of usury. As I view the statutes prohibiting the charging…