SYLVIA REIBMAN, APPELLANT,
v.
FEDERAL DEPOSIT INSURANCE CORPORATION, RECEIVER OF FIRST NATIONAL BANK & TRUST COMPANY OF EASTON, PA., AND FRANCIS B. KELLY, LIQUIDATOR, DEFENDANTS

3d Cir. | 1946-05-27
No. 9090
156 F.2d 371 United States Court of Appeals for the Third Circuit (1946)

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Synopsis

This case involves a mortgage foreclosure suit where the defendants raised the defense of usury, alleging that the lender retained a bonus and charged interest exceeding the statutory limits.


Holding

The court is reviewing a final decree in a mortgage foreclosure suit where the defense of usury was raised due to the amount of bonus and interest retained by the lender.


Facts & Procedural History

The defendants in a mortgage foreclosure suit claimed usury, asserting that the note for $68,500.00 was issued in exchange for only $65,000.00, with t…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The order of the court below, 66 F.Supp. 409, dismissing the appellant’s complaint under Rule 12(b) (6) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, for failure to state a claim upon which relief can be granted, is affirmed.


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