Legal Opinion

South Georgia Mercantile Co. v. Lance

Court of Appeals of Georgia

Decided July 29, 1915No. 5578, 5579PublishedCited by 1 opinion

Action on bond; from city court of Savannah — Judge Davis Freeman. February 13, 1914. The statute referred to in the decision 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…

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Action on bond; from city court of Savannah — Judge Davis Freeman. February 13, 1914. The statute referred to in the decision 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 therefor by mortgage with waiver of exemption, or title, or both, upon and to real estate or personal…

1Opinion of the CourtWade, J.

1. Under the ruling of the Supreme Court on the questions certified to that court by the Court of Appeals in this case (143 Ga. 530, 85 S. E. 749), the trial judge did not err in overruling the 3d and 4th grounds of the defendant’s demurrer, which complained that the act of the General Assembly approved August 16, 1912 (Acts of 1912, pp. 144-145), is unconstitutional.

2. The court did not err in sustaining the 1st, 2d, 5th, and 6th grounds of the defendant’s demurrer in so far as they raised the point that the plaintiff could not sue for the principal and interest set out in the first…

2Cases cited1 opinion

  1. South Georgia Mercantile Co. v. LanceSupreme Court of Georgia · 1915

3Cited by1 opinion

  1. Armour Fertilizer Works v. KenneySupreme Court of Georgia · 1926

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