Thomas v. Estes
Court of Appeals of Georgia
1Opinion of the Court
Deen, Presiding Judge.
It seems clear that the original loan of $20,000 from Thomas to Estes was usurious, at least as to the 20 percent interest, and quite probably as to the demand for 30 percent of the stock and $100 per month as director’s fees, if, as it appears, no consideration for either of these transfers was forthcoming except the loan itself. In such event, the original transaction, evidenced by the promissory note, is tainted with usury, and any renewal thereof, although on its face legal, is also tainted with usury, so that proof of that fact would constitute a good defense to an…
2Cases cited5 opinions
- Reconstruction Finance Corp. v. PuckettSupreme Court of Georgia · 1935
- Gramling, Spalding & Co. v. PoolSupreme Court of Georgia · 1900
- Finney v. BrumbySupreme Court of Georgia · 1880
- Lott v. PetersonCourt of Appeals of Georgia · 1919
- Feeney Hay Co. v. SuggsCourt of Appeals of Georgia · 1939
3Cited by4 opinions
- Kennedy v. Brand Banking Co.Court of Appeals of Georgia · 1979
- Williams v. First Bank & Trust Co.Court of Appeals of Georgia · 1980
- Adamson v. Trust Co. BankCourt of Appeals of Georgia · 1980
- Gold Kist, Inc. v. McNairCourt of Appeals of Georgia · 1983