S. M. Siesel & Brother v. Harris
Supreme Court of Georgia
Usury. Pleading. Before Judge Core. Bibb Superior Court. April Term, 1872. *West Harris brought complaint against Siesel & Brother, upon two promissory notes, dated December 27th, 1867, payable to plaintiff or bearer, each for the sum of $450 00, one due April 15th, 1868, and the other October 15th, 1868. On the last note there were two credits, bearing date Pecember 28th, 1867, one for $216 77, the other for $62 50. The defendants pleaded as follows: That they were engaged…
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Usury. Pleading. Before Judge Core. Bibb Superior Court. April Term, 1872. *West Harris brought complaint against Siesel & Brother, upon two promissory notes, dated December 27th, 1867, payable to plaintiff or bearer, each for the sum of $450 00, one due April 15th, 1868, and the other October 15th, 1868. On the last note there were two credits, bearing date Pecember 28th, 1867, one for $216 77, the other for $62 50. The defendants pleaded as follows: That they were engaged in business at Cuthbert, Georgia, with one Jacob Miers, under the firm name of Siesel & Miers, the said Miers being the…
1Opinion of the Court
Trippe, Judge.
1. The plaintiff below, on the trial, did not except or demur to the plea of defendant, on the ground that it was not as specific in its details as section 3419 of the Code requires. The evidence on the question of usury was all admitted without objection; the whole argument to the jury was on that evidence, indeed, the plea of usury was the only defense insisted on, and it was error in the Court to charge the jury that because the plea did not contain all the specifications the law *required, they could not consider it. The plea did state the rate per cent, of interest which…
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