Camp v. Peoples Bank
Court of Appeals of Georgia
Complaint; from city court of Carrollton — Judge Beall. March 12, 1912. The Peoples Bank sued B. F. Camp and A. S. Camp on a promissory note signed by the defendants and payable to the plaintiff. The note was for $2,694.49 principal, and interest from date at the rate of eight per cent, per annum, and was dated July 7, 1910, and contained a waiver of homestead.
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Complaint; from city court of Carrollton — Judge Beall. March 12, 1912. The Peoples Bank sued B. F. Camp and A. S. Camp on a promissory note signed by the defendants and payable to the plaintiff. The note was for $2,694.49 principal, and interest from date at the rate of eight per cent, per annum, and was dated July 7, 1910, and contained a waiver of homestead. The defendants filed a plea as follows: Defendants say they are not indebted- to the plaintiff in the sum alleged, for that the note sued on is a renewal of original notes for $2,500; that said original notes bore interest at the rate…
1Opinion of the CourtHill, C. J.
1. The plea of usury as amended was sufficient as a plea of usury, under section 5674 of the Civil Code (1910), and the trial judge erred in sustaining the demurrer filed to it on the ground of insufficiency. Furr v. Keesler, 3 Ga. App. 188 (59 S. E. 596).
2. The amendment made to the original plea set up no new facts or defense of which notice was not given by the original plea. It simply *725amplified, the allegations of the original plea, so as to correct its deficiencies on the subject of usury; and therefore the verification required by section 5640 of the Civil Code was not necessary.
Decided…
2Cases cited7 opinions
- Howard v. JohnsonSupreme Court of Georgia · 1893
- Archer v. McCraySupreme Court of Georgia · 1877
- McGee v. LongSupreme Court of Georgia · 1889
- Prather v. SmithSupreme Court of Georgia · 1897
- Lockwood v. MuhlbergSupreme Court of Georgia · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Archer & Cosper v. Arnold-Henegar-Doyle Co.Court of Appeals of Georgia · 1916