Scroggins v. Whitfield Finance Co.

Birdsong, Judge.

Summary judgment. Mr. and Mrs. Scroggins borrowed $1,296 from the appellee Whitfield Finance Co. in May, 1976. In August, 1976, the Scroggins borrowed another $1,560 from Whitfield. Each of the notes independently provided for 24 equal monthly installment payments. By its complaint, Whitfield implied that the Scroggins paid approximately $950 on one or both of the notes, for in its suit, Whitfield alleged that only $1,911.99 was past due and owing rather than the full amount of $2,856. The Scroggins answered the complaint and denied any indebtedness, asserting usurious…