Legal Opinion
Beneficial Finance Co. v. Swaggerty
New Jersey Superior Court Appellate Division
Decided September 28, 1979PublishedCited by 5 opinions
1Per curiam
This is a consolidated appeal of judgments against defendant debtors. Plaintiff creditors brought suit for monies due on promissory notes. Both defendants by way of setoff or recoupment counterclaimed for damages under the Federal Consumer Protection Act, 15 U.S.C. § 1601 et seq. (Act). The trial courts disallowed both claims because such defense was barred by the one-year limitation found in 15 U.S.C. § 1640(e). The reasons for disallowing the claims differ, however.
In Beneficial Finance Co. of Atlantic City v. Swaggerty, 159 N.J.Super. 507 (Cty. D.Ct.1978), the trial court decided that…
2Cases cited11 opinions
- Nieder v. Royal Indemnity InsuranceSupreme Court of New Jersey · 2004
- Theresa Plant v. Blazer Financial Services, Inc. Of GeorgiaCourt of Appeals for the Fifth Circuit · 1979
- Marshall v. Geo. M. Brewster & Son, Inc.Supreme Court of New Jersey · 1962
- Hodges v. Community Loan & Investment Corp.Court of Appeals of Georgia · 1974
- Spartan Grain & Mill Co. v. AyersCourt of Appeals for the Fifth Circuit · 1978
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3Cited by5 opinions
- Beneficial Finance Co. of Atl. City v. SwaggertySupreme Court of New Jersey · 1981
- Household Finance Corp. v. PughSupreme Court of Minnesota · 1980
- Curtiss-Wright Corp. v. Borough of Wood-RidgeNew Jersey Tax Court · 1981
- Maietta v. NJ Racing Comm'nNew Jersey Superior Court Appellate Division · 1982
- Beneficial Finance Co. of Atl. City v. SwaggertySupreme Court of New Jersey · 1981