Caruso v. Hollander

FICKLING, Associate Judge:

This is an appeal from an order granting appellant’s motion for summary judgment in an action upon a promissory note. The trial court ruled that the note was usurious and disallowed the amount of interest in excess of 8% per annum. Appellant’s sole contention on appeal is that because a corporation is prohibited by statute from *298pleading the defense of usury, appellee is precluded, as an individual guarantor for the corporate maker of the note, from asserting that the note is usurious. We affirm that part of the trial court’s order granting appellant’s motion for…