Whitehead v. Peck
Supreme Court of Georgia
This was an action of assumpsit for money had and received, the object of which was to recover usury back, tried before Judge Scarborough in Twiggs Superior Court, April Term, 1846. Jt appeared in evidence on the trial, that in the early part of the year 1838, the plaintiff, through Henry Bunu, borrowed from the defendant $2,940, and gave his note, with Bunn as his security, for $3,500, to fall due on the 1st of January, 1839. That he renewed, for the year 1839, by giving a…
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This was an action of assumpsit for money had and received, the object of which was to recover usury back, tried before Judge Scarborough in Twiggs Superior Court, April Term, 1846. Jt appeared in evidence on the trial, that in the early part of the year 1838, the plaintiff, through Henry Bunu, borrowed from the defendant $2,940, and gave his note, with Bunn as his security, for $3,500, to fall due on the 1st of January, 1839. That he renewed, for the year 1839, by giving a note for the usury of $700 ; and for the year 1840, by giving a nofe for the usury of $840. The note for the original…
1Opinion of the Court
The judges not being unanimous, they delivered their opinions seriatim as follows:—
Lumpkin, Judge.
*143William D. Whitehead borrowed of Ira Pock a large sum of money at usurious interest, and gave Henry "Bunn as security ; executing under his hand and seal, several mortgages on real and personal property to Bunn, to save him harmless in the premises. Bunn discharged the whole of the debt; a part of it before it was duo. Whitehead, when called upon, reimbursed his security in. property. The borrower now brought an action for money had and received against the lender, to recover of him the usury…
2Cases cited5 opinions
- Hall v. MarstonMassachusetts Supreme Judicial Court · 1822
- Ford v. KeithMassachusetts Supreme Judicial Court · 1804
- Sickles v. SharpNew York Supreme Court · 1816
- Lucket v. BohannonCourt of Appeals of Kentucky · 1814
- Moore's v. VanceCourt of Appeals of Kentucky · 1835
3Cited by27 opinions
- Jasper School District v. GormleySupreme Court of Georgia · 1937
- Dobbs v. PerlmanCourt of Appeals of Georgia · 1939
- Brightwell v. Oglethorpe Telephone Co.Supreme Court of Georgia · 1932
- Oxford v. ShumanCourt of Appeals of Georgia · 1962
- Dell v. KugelCourt of Appeals of Georgia · 1959
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