Rushing v. Rhodes
Supreme Court of Georgia
Assumpsit, in Marion Superior Court. Tried before Judge Alexander, November Term, 1848. Daniel B. Rhodes brought suit in the Superior Court of Marion County, returnable to February Term, 1843, to recover back usurious interest previously paid. The defendant pleaded the general issue and the Statute'of Limitations. The plaintiff proved the lending of the money, and the usurious contract.
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Assumpsit, in Marion Superior Court. Tried before Judge Alexander, November Term, 1848. Daniel B. Rhodes brought suit in the Superior Court of Marion County, returnable to February Term, 1843, to recover back usurious interest previously paid. The defendant pleaded the general issue and the Statute'of Limitations. The plaintiff proved the lending of the money, and the usurious contract. The plaintiff introduced testimony to "show that the note was settled in full, on the second Saturday in March, 1839. There was a credit on the note of $1,400, in January, 1849. Defendant introduced testimony…
1Opinion of the Court
*230 By the Court.
Lumpkin, J.
delivering the opinion.
[1.] This was an action brought to recover back usurious interest, to which the plea of the Statute of Limitations was interposed ; and the only question to be determined is, whether the right of action accrued from the time when the usury was agreed to be paid, or actually paid. We think, most clearly, from the latter date, and for this reason: that while the agreement to pay was executory, being void, in law, it might be defeated. The payment of $1,400, made in January, lacked one hundred dollars of discharging the principal or original sum…
2Cited by1 opinion
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