Long v. Gresham
Supreme Court of Georgia
Complaint. Before Judge Tarver. Whitfield superior court. April 7, 1917. Henry L. Long brought suit against J. S. Gresham on two promissory notes. One was for $200, dated July 10, 1912, payable to EL L. Long, due one year after date, bearing interest from date at the rate of 8 per cent, per annum, besides 10 per cent, attorney’s fees, and containing a waiver of homestead. The other note was for $50, dated December 13, 1913, and due thirty days after date.
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Complaint. Before Judge Tarver. Whitfield superior court. April 7, 1917. Henry L. Long brought suit against J. S. Gresham on two promissory notes. One was for $200, dated July 10, 1912, payable to EL L. Long, due one year after date, bearing interest from date at the rate of 8 per cent, per annum, besides 10 per cent, attorney’s fees, and containing a waiver of homestead. The other note was for $50, dated December 13, 1913, and due thirty days after date. In his amended plea the defendant averred that the $200 note was tainted with usury. Upon the trial of the issue of usury the defendant…
1Opinion of the CourtHill, J.
1. The facts are fully set out in the foregoing statement. Considering the case as made by the record, it was error to direct a verdict cancelling the deed. Even if the $200 note from Gresham to Long was infected with usury, it would not affect the deed from Martin and Davis to Long, it not appearing that the deed was infected with usury. It will be observed that the deed was not from Gresham to Long, but was from Martin and Davis-to Long. The deed is not void as being infected with usury, because there is no usury in the deed as between the grantors and the grantee, so far as the record…
2Cases cited15 opinions
- Ewell v. DaggsSupreme Court of the United States · 1883
- Campbell & Jones v. MurraySupreme Court of Georgia · 1878
- Shealy v. TooleSupreme Court of Georgia · 1876
- Maynard v. MarshallSupreme Court of Georgia · 1893
- Ryan v. American Freehold Land Mortgage Co.Supreme Court of Georgia · 1895
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3Cited by12 opinions
- Lankford v. HoltonSupreme Court of Georgia · 1938
- Federal Deposit Insurance Cor. v. BeasleySupreme Court of Georgia · 1942
- DeLay v. LatimerSupreme Court of Georgia · 1923
- Ward v. HUDCO LOAN COMPANYSupreme Court of Georgia · 1985
- Kirkpatrick v. FawSupreme Court of Georgia · 1937
7 more not listed; retrieve them via the Exa API.