Walker v. Hillyer
Supreme Court of Georgia
Certiorari. Before Judge Henry. Floyd superior court. March 24, 1905. Hillyer, transferee, brought suit upon a promissory note for $18" and interest, against Caleb Walker and Lula Walker. The defendants filed separate pleas. Lula Walker set up, that she signed' the note as surety for her husband, and did not receive any of the money obtained on it; and that it was tainted with usury.
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Certiorari. Before Judge Henry. Floyd superior court. March 24, 1905. Hillyer, transferee, brought suit upon a promissory note for $18" and interest, against Caleb Walker and Lula Walker. The defendants filed separate pleas. Lula Walker set up, that she signed' the note as surety for her husband, and did not receive any of the money obtained on it; and that it was tainted with usury. Caleb Walker pleaded usury, setting up that he obtained $15 as the principal sum, and paid as interest from July to December, 190Í, $16.60; further,. that the plaintiff became the owner of the note seven months…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.) The plaintiff in the suit upon the note was induced to take up the note by the defendant after its maturity, and, when suit upon the note was brought, the defendant pleaded usury in the original transaction. It does not appear that the plaintiff knew of the usury when he bought the note. Would the silence of the defendant as to the existence of usury, when the note had-been bought by the plaintiff at his solicitation, work an estoppel against his plea of usury? In Henry v. McAllister, 99 Ga. 557, the rule was laid down: “One who makes a usurious note and…
2Cases cited2 opinions
- Henry v. McAllisterSupreme Court of Georgia · 1896
- Campbell v. MorganSupreme Court of Georgia · 1900
3Cited by5 opinions
- City of St. Albans v. AverySupreme Court of Vermont · 1921
- Newcomb v. Niskey's Lake Inc.Supreme Court of Georgia · 1940
- Furr v. KeeslerCourt of Appeals of Georgia · 1907
- Russell v. TurnerCourt of Appeals of Georgia · 1914
- Sellers v. McNairCourt of Appeals of Georgia · 1931