Underwood v. American Mortgage Co. of Scotland, Ltd.
Supreme Court of Georgia
Complaint on notes. Before Judge Hunt. Hancock superior court. August term, 1894. The American Mortgage Company of Scotland, Limited, alleging itself to be a company incorporated under the laws of the State of New York and doing business in the State of Georgia, brought suit against Miss O. A. Underwood on certain promissory notes. One of the notes attached to the petition is for $137 principal, with interest from date at eight per cent.
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Complaint on notes. Before Judge Hunt. Hancock superior court. August term, 1894. The American Mortgage Company of Scotland, Limited, alleging itself to be a company incorporated under the laws of the State of New York and doing business in the State of Georgia, brought suit against Miss O. A. Underwood on certain promissory notes. One of the notes attached to the petition is for $137 principal, with interest from date at eight per cent. It is dated at Sparta, Ga., June 31, 1891, due December 1, 1891, and is payable to Fred. Cook or order at the office of the Corbin Banking Company, New York.…
1Opinion of the CourtAtkinson, J.
1. Where no evidence of any kind is introduced in support of a given plea, the court may state to the jury that such is the fact.
2. Although the note sued upon was, on its face, payable in- the State of New York, where the charge or reservation of a greater rate of interest than six per cent, was not only unlawful, but made the contract utterly void, yet as the payee was presumably a resident of New York, and the rate of interest specified in the note, viz. eight per cent., was legal in Georgia, and as it affirmatively appeared that the note was executed in the latter State, was given for the…
2Cases cited1 opinion
- Odom v. New England Mortgage Security Co.Supreme Court of Georgia · 1893
3Cited by8 opinions
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- Western Union Telegraph Co. v. HarrisCourt of Appeals of Georgia · 1909
- Shields v. Georgia Railway & Electric Co.Court of Appeals of Georgia · 1907
- Georgia Railway & Electric Co. v. ColeCourt of Appeals of Georgia · 1907
- Yellow Cab Company v. McCullersCourt of Appeals of Georgia · 1958
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