Legal Opinion

Loganville Banking Co. v. Forrester

Court of Appeals of Georgia

Decided September 25, 1915No. 5662PublishedCited by 9 opinions

Exceptions to auditor’s report; from city court of Monroe— Judge Stone. July 23, 1913.

1Opinion of the CourtRussell, C. J.

1. Under the answer to the certified question propounded by this court to the Supreme Court in this case, the deed was infected with usury. Loganville Banking Co. v. Forrester, 143 Ga. 302 (84 S. E. 961). However, while the plea of usury is a personal one in this State, the debtor’s trustee in bankruptcy is the representative of the debtor, and the defense of usury is as available to the debtor’s trustee as to the debtor himself. In re Stern. 144 Fed. 956 (76 C. C. A. 10, 16 A. B. R. 510, 512). Consequently, in the proceeding brought by the trustee in bankruptcy to avoid the deed made by the…

2Cases cited2 opinions

  1. Loganville Banking Co. v. ForresterSupreme Court of Georgia · 1915
  2. In re SternCourt of Appeals for the Eighth Circuit · 1906

3Cited by9 opinions

  1. Farmer v. BairdCourt of Appeals of Georgia · 1926
  2. Nuckolls v. Bank of CaliforniaCalifornia Supreme Court · 1937
  3. Scarborough v. EdgarSupreme Court of Georgia · 1933
  4. Goodwin v. BowenSupreme Court of Georgia · 1937
  5. Banks v. Employees Loan & Thrift Corp.Court of Appeals of Georgia · 1965

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