Legal Opinion
Giventer v. Arnow
New York Court of Appeals
Decided July 8, 1975PublishedCited by 70 opinions
1Opinion of the CourtWachtler, J.
On July 1, 1970 the plaintiff’s testator, Emanuel Choper, an attorney, loaned $13,410.67 to the defendants, Samuel and Pearl Arnow. On this same date the defendants executed a promissory note by which they agreed to pay back that sum "one year after date * * * with interest at 1Vi% per annum, compunded [sic] quarterly.” When the note fell due, the defendants refused to pay either principal or interest and the plaintiff, Choper’s executor, commenced this action. The question is whether the note is usurious.
At the time the note was executed, the maximum rate of interest was fixed at "7.50 per…
2Cases cited8 opinions
- Young v. . HillNew York Court of Appeals · 1876
- Newburger-Morris Co. v. . TalcottNew York Court of Appeals · 1916
- Grannis v. . StevensNew York Court of Appeals · 1916
- Rosenstein v. . FoxNew York Court of Appeals · 1896
- Band Realty Co. v. North Brewster, Inc.New York Court of Appeals · 1975
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3Cited by70 opinions
- Hammelburger v. Foursome Inn Corp.New York Court of Appeals · 1981
- Matter of Carla Leather, Inc.United States Bankruptcy Court, S.D. New York · 1984
- Spodek v. Park Property Development AssociatesNew York Court of Appeals · 2001
- Freitas v. Geddes Savings & Loan Ass'nNew York Court of Appeals · 1984
- In Re Manville Forest Products Corp.United States Bankruptcy Court, S.D. New York · 1984
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