Citizens Bank v. Hoyt & Co.
Court of Appeals of Georgia
Complaint; from city court of Eloyd county — Judge Nunnally. October 31, 1919. On November 1, 1911, a note for $2,544.01 principal, payable on demand, was given to the Citizens Bank of Rome, Georgia, signed by N. C. Hoyt & Company, and by B. C. Yancey and N. C. Hoyt. On January 27; 1915, suit for the amount then due thereon was brought against the signers, and it was alleged that “N. 0. Hoyt & Company is a partnership composed of N. C. Hoyt and Benjamin C. Yancey.”
Read the full summary
Complaint; from city court of Eloyd county — Judge Nunnally. October 31, 1919. On November 1, 1911, a note for $2,544.01 principal, payable on demand, was given to the Citizens Bank of Rome, Georgia, signed by N. C. Hoyt & Company, and by B. C. Yancey and N. C. Hoyt. On January 27; 1915, suit for the amount then due thereon was brought against the signers, and it was alleged that “N. 0. Hoyt & Company is a partnership composed of N. C. Hoyt and Benjamin C. Yancey.” Pleas were filed in behalf of all the defendants, in which they admitted the execution of the note, but alleged, that it was a…
1Opinion of the CourtBloodworth, J.
(After stating the foregoing facts.)
Under the rulings in Croom v. Jordan, 20 Ga. App. 802 (93 S. E. 538), and West v. Atlanta Loan & Savings Co., 22 Ga. App. 184 (95 S. E. 721), the court erred in directing a verdict for the defendants. In the opinion in the Croom case Judge George said: “ It is insisted by the plaintiff in error that the mortgage executed .by him is absolutely void. The uncontroverted evidence is to the effect that the mortgage contained an amount as interest in excess of five per cent, per month. Under the law of this State such a contract is unlawful, and the act of…
2Cases cited2 opinions
- Croom v. JordanCourt of Appeals of Georgia · 1917
- West v. Atlanta Loan & Saving Co.Court of Appeals of Georgia · 1918
3Cited by6 opinions
- Anthony v. American General Financial Services, Inc.Supreme Court of Georgia · 2010
- Norris v. Sigler Daisy CorporationSupreme Court of Georgia · 1990
- Borison v. ChristianCourt of Appeals of Georgia · 2002
- PAVE WAY CONSTRUCTION COMPANY, INC. v. ParrishCourt of Appeals of Georgia · 1988
- Gersh v. PeacockCourt of Appeals of Georgia · 1953
1 more not listed; retrieve them via the Exa API.