Lee v. King
Supreme Court of Georgia
Equitable petitions. Before Judge Bell. Eulton superior court. October 15, 1913.
1Opinion of the CourtLumpkin, J.
1. A plea of usury must set forth the sum upon which it was paid or to be paid, the time when the contract was made, when payable, and the amount of usury agreed upon, taken, or reserved. A plea which fails to comply with the statute is fatally defective. Civil Code (1910), § 5674; Burnett v. Davis, 124 Ga. 541 (52 S. E. 927). A similar degree of specification is required where it is sought by an independent action to recover usury alleged to have been paid by a debtor to a creditor.
2. An action for the recovery of usury paid is barred in one year. Civil Code (1910), § 3441.
'3. In so far as…
2Cases cited1 opinion
- Burnett v. Davis & Co.Supreme Court of Georgia · 1905
3Cited by8 opinions
- King Brothers & Co. v. MooreSupreme Court of Georgia · 1917
- Chatham Finance Co. v. EitelCourt of Appeals of Georgia · 1942
- Laing v. Hinesville BankCourt of Appeals of Georgia · 1923
- Lawrence v. PattersonSupreme Court of Georgia · 1930
- Pickens Investment Co. v. JonesCourt of Appeals of Georgia · 1950
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