Legal Opinion

Bullard Inv. Co. v. Ford

Alabama Court of Appeals

Decided May 10, 1921No. 6 Div. 828PublishedCited by 4 opinions

Appeal from Circuit Court, Jefferson County; Walter Brower, Special Judge. Action by Ed Ford against the Bullard Investment Company. Judgment for plaintiff, and defendant appeals.

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Appeal from Circuit Court, Jefferson County; Walter Brower, Special Judge. Action by Ed Ford against the Bullard Investment Company. Judgment for plaintiff, and defendant appeals. Special count A is as follows: Plaintiff, claims of defendant $75 damages for this, namely: That 'on, to wit, November 5, 1917, defendants-were engaged in the business of money brokers or money lenders in Jefferson county, Ala., apd taking therefor by bills of sale, mortgages on, or conveyances or liens of, any kind of personal property or personal effects or other personal security, and that on said date, namely,…

1Opinion of the CourtBrig Ken, P. J.

This is an action of assumpsit on the common counts and a special one to recover back money paid by plaintiff to defendant on a void and usurious contract, void as in violation of a local usury law of 1901 (Laws 1900-1901, p. 2685) for Jefferson, Etowah, and Walker counties. The plaintiff demurred to the special count A. The demurrer being overruled, a special plea thereto was filed, to which a replication (treated as special one) was filed, to which a demurrer was interposed and overruled. The trial was had on these issues, anid the court gave the affirmative charge for the plaintiff, which…

2Cases cited2 opinions

  1. Gross v. CoffeySupreme Court of Alabama · 1895
  2. Carlisle v. GraySupreme Court of Alabama · 1846

3Cited by4 opinions

  1. Kelleher v. MinshullWashington Supreme Court · 1941
  2. Cooledge v. CollumSupreme Court of Alabama · 1924
  3. Alabama Cash Credit Corporation v. BartlettSupreme Court of Alabama · 1932
  4. Southern Finance Co. v. CaseyAlabama Court of Appeals · 1924

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