Legal Opinion

MacKenzie v. Garnett, Stubbs & Co.

Supreme Court of Georgia

Decided November 23, 1886PublishedCited by 9 opinions

Interest and Usury. Contracts. Before Judge Cars-well. Burke Superior Court. May Term, 1886. Garnett, Stubbs & Company brought suit against James H. MacKenzie to recover $462.25, besides interest, on three written contracts, the first of which was as follows: “ In consideration of fourteen hundred and ten dollars and twenty-four cents advanced, or to be advanced this year, to me by Garnett, Stubbs & Company, cotton factors, of Savannah, Georgia, as well as in consideration…

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Interest and Usury. Contracts. Before Judge Cars-well. Burke Superior Court. May Term, 1886. Garnett, Stubbs & Company brought suit against James H. MacKenzie to recover $462.25, besides interest, on three written contracts, the first of which was as follows: “ In consideration of fourteen hundred and ten dollars and twenty-four cents advanced, or to be advanced this year, to me by Garnett, Stubbs & Company, cotton factors, of Savannah, Georgia, as well as in consideration of one dollar to me paid by them this day, I hereby agree to ship to them by or before January 1st, 1885, not less than…

1Opinion of the Court

Jackson, Chief Justice.

Garnett, Stubbs & Co. sued MacKenzie upon three contracts about the delivery of cotton; so many bales of it at so much per bale; money to be paid whether the cotton was delivered or not. MacKenzie pleaded substatially that the contracts were without legal consideration ; being all for the consideration of the loan of money and made cotemporaneous with promissory notes at 8 per cent, given for the loan of the same money, and really a mere device to cover up the usury; that every cent agreed to be paid per bale on the cotton, to be charged whether delivered or not, was…

2Cases cited2 opinions

  1. Cockle v. FlackSupreme Court of the United States · 1877
  2. Hollis v. Swift & SonSupreme Court of Georgia · 1885

3Cited by9 opinions

  1. Bank of Lumpkin v. Farmers State BankSupreme Court of Georgia · 1926
  2. Fidelity Bank v. Wysong & Miles Co.Supreme Court of North Carolina · 1919
  3. Dwelle & Daniel v. BlackwoodSupreme Court of Georgia · 1899
  4. Patillo v. Allen-West Commission Co.Court of Appeals for the Eighth Circuit · 1901
  5. Young v. First National BankCourt of Appeals of Georgia · 1918

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