Legal Opinion

Merck v. American Freehold Land Mortgage Co. of London, Ltd.

Supreme Court of Georgia

Decided December 7, 1887PublishedCited by 52 opinions

Interest and Usury. Contracts. Principal and Agent. New Trial. Practice in Supreme Court. Before Judge Wellborn. Hall Superior Court. August Term, 1887. On January 20, 1886, the American Freehold Land Mortgage Company, of London, Limited, alleging itself to be a corporation under the Jaws of Great Britian, brought suit in the superior court of Hall county against George B. Merck on a promissory note.

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Interest and Usury. Contracts. Principal and Agent. New Trial. Practice in Supreme Court. Before Judge Wellborn. Hall Superior Court. August Term, 1887. On January 20, 1886, the American Freehold Land Mortgage Company, of London, Limited, alleging itself to be a corporation under the Jaws of Great Britian, brought suit in the superior court of Hall county against George B. Merck on a promissory note. This note was dated November 16,1883, was made by the defendant to J. If. 0. Sherwood or order, payable at the office of the Corbin Banking Company, New York city, for $400, with interest from…

1Opinion of the Court

Bleckley, Chief Justice.

1. All the notes were contracts to be performed in the ■city of New York. There is no evidence in the record as to the law there obtaining touching interest and usury. What restriction on the rate of interest, if any, prevails there does not appeal-. The argument here proceeded on the theory upon which the case was tried in'the court below, namely, that the law of Georgia governs these contracts in all respects. In that view we acquiesced, without ruling for or against its correctness. Our law concerning interest and usury is found in the code from section 2050 to…

2Cited by52 opinions

  1. General Electric Credit Corp. v. BrooksSupreme Court of Georgia · 1978
  2. DeVaughn v. McLeroySupreme Court of Georgia · 1889
  3. Carpenter v. ForsheeCourt of Appeals of Georgia · 1961
  4. Citizens Bank v. Citizens & So. BankSupreme Court of Georgia · 1925
  5. Clarke v. HavardSupreme Court of Georgia · 1900

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