Can an individual guarantor interpose the defense of usury?

"New York", United States of America

The following excerpt is from Bollag v. Dresdner, 130 Misc.2d 221, 495 N.Y.S.2d 560 (N.Y. City Ct. 1985):

in fact, although not in form, made to an individual guarantor to discharge his personal obligations, and not in furtherance of a corporate or personal enterprise, the individual guarantor may interpose the defense of usury. * * * On the other hand, where an individual borrows money through a shell corporation to futher his own business or commercial enterprise, the defense of usury is not available. * * *

Schneider v. Phelps, 41 N.Y.2d 238, 240, 241, 391 N.Y.S.2d 568, 359 N.E.2d 1361 (citations omitted).

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