Gentle v. Atlas Savings & Loan Ass'n
Supreme Court of Georgia
Equitable petition. Before Judge Lumpkin. Eulton superior court. September term, 1897. This petition, filed July 14, 1897, alleged that on March 16, 1894, petitioner Gentle purchased from Irwin Thompson and defendant certain described realty which Thompson had conveyed to the defendant as security for a loan, Thompson having a contract with the defendant whereby the loan was to be repaid in monthly instalments; and in connection with the purchase and as a part of it…
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Equitable petition. Before Judge Lumpkin. Eulton superior court. September term, 1897. This petition, filed July 14, 1897, alleged that on March 16, 1894, petitioner Gentle purchased from Irwin Thompson and defendant certain described realty which Thompson had conveyed to the defendant as security for a loan, Thompson having a contract with the defendant whereby the loan was to be repaid in monthly instalments; and in connection with the purchase and as a part of it petitioner paid defendant $317.62, and defendant by its agent Woodward made a contract with petitioner that the balance due…
1Opinion of the CourtLittle, J.
An analysis of the petition filed in this case will show that the real cause for which the petitioner seeks to enjoin the execution, which was issued on the judgment rendered in the city court, is, that the contract on which it was founded was usurious, and that the debt which the petitionér owed to the defendant in error had not been properly credited *409with, certain payments which it was claimed had been made. It is true that the petitioner sets out the fact that he was fraudulently induced by the defendant to sign a paper by which, having assumed the debt of Thompson, he undertook to make…
2Cases cited13 opinions
- Taylor v. SuttonSupreme Court of Georgia · 1854
- National Bank v. CarltonSupreme Court of Georgia · 1895
- Smith v. HornsbySupreme Court of Georgia · 1883
- English & Co. v. ThornSupreme Court of Georgia · 1895
- York v. CloptonSupreme Court of Georgia · 1861
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hecht v. Snook & Austin Furniture Co.Supreme Court of Georgia · 1902
- Lacey v. HutchinsonCourt of Appeals of Georgia · 1909
- Butler v. HolmesSupreme Court of Georgia · 1907
- Gray v. Georgia Loan & Trust Co.Supreme Court of Georgia · 1928
- Crummey v. CrummeySupreme Court of Georgia · 1940
6 more not listed; retrieve them via the Exa API.