Bird v. Benton & Brother
Supreme Court of Georgia
Affidavit of illegality. Before Judge Lewis. Jasper superior court. December 15, 1905. Benton & Brother foreclosed a chattel mortgage against Bird, and obtained an, execution thereon.
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Affidavit of illegality. Before Judge Lewis. Jasper superior court. December 15, 1905. Benton & Brother foreclosed a chattel mortgage against Bird, and obtained an, execution thereon. The defendant in fi. fa. interposed an affidavit of illegality, in which he alleged, among other things, that in November, 1902, he purchased of the plaintiffs a certain mule, the price of which was $125, ^nd that he paid $40 cash and gave his note for the balánce, $85. The note itself, a copy of which is in the record, shows that it was given for $94.20, with interest from maturity. It is dated November 11,…
1Opinion of the CourtBeck, J.
(After stating the facts.)
1-3. The first, second, and third headnotes deal sufficiently with the assignments of error there passed on.
4. In the remaining ground of the motion for a new trial which it is necessary to notice, error was assigned upon the following charge of the court: “If from the evidence you believe there *373was a time price and a cash price on a mule, and the cash price was $125, and defendant paid $40 at the time he bought the mule, and gave his note for $94.20 balance, this would not be usury.” It is not contended by plaintiffs in error that this excerpt from the •charge is…
2Cases cited1 opinion
- Rushing v. Worsham & Co.Supreme Court of Georgia · 1898
3Cited by11 opinions
- Richardson v. C. I. T. Corp.Court of Appeals of Georgia · 1939
- Graham v. LynchSupreme Court of Georgia · 1950
- Sumner v. Adel Banking Co.Supreme Court of Georgia · 1979
- Burchard v. Western Commercial Travelers Ass'nMissouri Court of Appeals · 1909
- Watts v. Six Flags Over Georgia, Inc.Court of Appeals of Georgia · 1976
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