SCHWARTZ v. FIFTY GREEN. ST. RLTY

Judgment modified by reversing judgment as to individual defendant Leary, with costs to him in all courts, and as so modified affirmed, with costs against corporate appellants, on the authority of London v. Toney ( 263 N.Y. 439). No opinion. (See 265 N.Y. 512.)

Concur: POUND, Ch. J., LEHMAN, O'BRIEN, HUBBS, CROUCH and LOUGHRAN, JJ.

CRANE, J. (dissenting).

I dissent. As the corporation mortgagor could not plead usury, neither can the guarantor Leary.