Hughes v. Griswold
Supreme Court of Georgia
■ Mortgages. Interest and usury. Contracts. Loans. Practice. Before Judge Jenkins. Wilkinson superior court. April term, 1888. On March 7, 1887, Thos. F. Griswold sought to foreclose a mortgage on lands of H. D. Hughes. Hughes pleaded usury. On the trial, plaintiff introduced the mortgage, with the note it was given to secure, and coupon notes for interest attached. It was dated September 1st, 1882, signed by defendant and made to Jas.
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■ Mortgages. Interest and usury. Contracts. Loans. Practice. Before Judge Jenkins. Wilkinson superior court. April term, 1888. On March 7, 1887, Thos. F. Griswold sought to foreclose a mortgage on lands of H. D. Hughes. Hughes pleaded usury. On the trial, plaintiff introduced the mortgage, with the note it was given to secure, and coupon notes for interest attached. It was dated September 1st, 1882, signed by defendant and made to Jas. H. Tallman, his heirs and assigns; and provided that if default should be made in the prompt payment of either the interest or principal note, the principal…
1Opinion of the Court
Bleckley, Chief Justice.
1. In its principal elements and characteristics, this case is ruled by Merck vs. American Freehold, etc. Co., 79 Ga. 213. Here, as there, -the loan was procured by the joint services of three intermediaries, consisting of what might he termed a central, a rural and an urban middle-man. Here, as there, a part of the loan never in fact reached the borrower’s own hands, although every cent of it passed from the lender. The amount retained by the middle-men was fifteen per cent., and this was divided amongst them in the ratio of seven to the central, and four each to the…
2Cases cited10 opinions
- Stillman v. . NorthrupNew York Court of Appeals · 1888
- Merck v. American Freehold Land Mortgage Co. of London, Ltd.Supreme Court of Georgia · 1887
- Call v. PalmerSupreme Court of the United States · 1885
- Brown v. Scottish-American Mortgage Co.Illinois Supreme Court · 1884
- Hoyt v. Pawtucket Institution for SavingsIllinois Supreme Court · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Chakales v. DjiovanidesSupreme Court of Virginia · 1933
- Beach v. LattnerSupreme Court of Georgia · 1897
- Mallory v. Columbia Mortgage & Trust Co.Tennessee Supreme Court · 1923
- Jones v. NortonCourt of Appeals of Georgia · 1911
- Kilcrease v. JohnsonSupreme Court of Georgia · 1890
7 more not listed; retrieve them via the Exa API.