King Brothers & Co. v. Moore
Supreme Court of Georgia
Equitable petition. Before Judge Pendleton. Fulton superior court. June 10, 1916.
1Opinion of the CourtGilbert, J.
1. “The essential requirements of a plea of usury, where the usury is sought to be recovered back or set off, being prescribed by statute, any defect in such a plea which results in a failure to comply with the statutory requirements is a defect in substance, and may be taken advantage of by a general demurrer in writing or an oral motion to strike.” Burnett v Davis, 124 Ga. 541 (52 S. E. 927); Civil Code (1910), § 5674.
2. “In so far as the action at bar was one to recover payment's of usury, it failed to set out with any reasonable degree of distinctness the claim sought to be asserted, and…
2Cases cited4 opinions
- Carswell v. HartidgeSupreme Court of Georgia · 1875
- Burnett v. Davis & Co.Supreme Court of Georgia · 1905
- Hollis v. Covenant Blg. & Loan Ass'nSupreme Court of Georgia · 1898
- Lee v. KingSupreme Court of Georgia · 1914
3Cited by9 opinions
- Reconstruction Finance Corp. v. PuckettSupreme Court of Georgia · 1935
- Hartsfield Co. v. WatkinsCourt of Appeals of Georgia · 1942
- Commerce Finance Co. v. PerryCourt of Appeals of Georgia · 1942
- Laing v. Hinesville BankCourt of Appeals of Georgia · 1923
- Jackson v. JohnsonSupreme Court of Georgia · 1924
4 more not listed; retrieve them via the Exa API.