Nisbet v. Walker
Supreme Court of Georgia
In Equity in Bibb Superior Court. Decided by Judge Floyd. His Honor, Judge Nisbet, being a party in this cause, did not preside during the argument, nor give any opinion upon it. The facts are set out at length in the opinion of the Court. contended: 1st. That a Court of Equity will lend its aid in favor of a defendant against whom a judgment has been rendered on a usurious contract, provided defendant had no notice of the usury pending the action.
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In Equity in Bibb Superior Court. Decided by Judge Floyd. His Honor, Judge Nisbet, being a party in this cause, did not preside during the argument, nor give any opinion upon it. The facts are set out at length in the opinion of the Court. contended: 1st. That a Court of Equity will lend its aid in favor of a defendant against whom a judgment has been rendered on a usurious contract, provided defendant had no notice of the usury pending the action. But on the following terms, viz : That he pays the principal, with legal interest. Lansing vs. Edy, 1 Johns. Ch. R. 47, 50. Rogers vs. Rathbun,…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
On the 19th day of March, 1844, Joel Walker filed his bill in ’ the Superior Court of Bibb co., against Eugenius A. Nisbet, James A. Nisbet, Augustus S. Wingfield and Richard K. Hines, wherein he states that on the 8th of December, 1841, the said Richard K. Hines executed a deed of conveyance to the said Eugenius A.. *225Nisbet and James A. Nisbet — a copy of which is annexed to the bill — whereby, in consideration of his being justly indebted to ■certain persons therein named, and being rendered by misfortune • ■unable to pay them in the usual way,…
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