Legal Opinion

South Georgia Mercantile Co. v. Lance

Supreme Court of Georgia

Decided June 18, 1915PublishedCited by 9 opinions

The Court of Appeals certified to this court the following questions (in Cases 5578, 5579): “1. Is the act of the General Assembly of Georgia, entitled ‘An act to authorize any person lending money to be repaid on the installment plan to aggregate the principal and interest for the entire period of the loan at not exceeding six per cent, per annum for the entire time, and to take security therefor by mortgage, or title, or both, and to make such security valid, and such…

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The Court of Appeals certified to this court the following questions (in Cases 5578, 5579): “1. Is the act of the General Assembly of Georgia, entitled ‘An act to authorize any person lending money to be repaid on the installment plan to aggregate the principal and interest for the entire period of the loan at not exceeding six per cent, per annum for the entire time, and to take security therefor by mortgage, or title, or both, and to make such security valid, and such contracts not usurious, and for other purposes/ approved August 16, 1912 (Acts 1912, p. 144), unconstitutional and void for…

1Opinion of the CourtHill, J.

1. (a) The act of 1912 (Acts 1912, p. 144) is not unconstitutional as being a special law on the ground that provi.sion had been made on the subject covered by the act by reason of an existing general law. Section 1 of the act provides: “That any persons, natural or artificial in this State, lending money, to be paid back in monthly installments, may charge interest thereon at six per cent, per annum or less, for the entire period of'the loan, aggregating the principal and interest for,the entire period of the loan, and dividing the same into monthly installments, and may take security…

2Cases cited1 opinion

  1. Union Savings Bank & Trust Co. v. DottenheimSupreme Court of Georgia · 1899

3Cited by9 opinions

  1. Lewis v. Termplan, Inc.Court of Appeals of Georgia · 1971
  2. Ohio Savings Bank & Trust Co. v. Willys CorporationCourt of Appeals for the Second Circuit · 1925
  3. Martin v. McLainCourt of Appeals of Georgia · 1935
  4. Talley v. Sun Finance CompanySupreme Court of Georgia · 1967
  5. Kirk v. Savannah Electric & Power Co.Court of Appeals of Georgia · 1935

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