Croom v. Jordan
Court of Appeals of Georgia
Certiorari; from Bibb superior court—Judge Mathews. February 14, 1917. A chattel mortgage, executed in 1915 by Croom to Jordan, was foreclosed by Jordan in the municipal court of Macon, and Croom filed an affidavit of illegality, contending, (1) that at the time of the execution of the mortgage he was an infant; and (2) that the plaintiff reserved and charged interest in excess of five per cent, per month for the money advanced as the consideration for the execution of the…
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Certiorari; from Bibb superior court—Judge Mathews. February 14, 1917. A chattel mortgage, executed in 1915 by Croom to Jordan, was foreclosed by Jordan in the municipal court of Macon, and Croom filed an affidavit of illegality, contending, (1) that at the time of the execution of the mortgage he was an infant; and (2) that the plaintiff reserved and charged interest in excess of five per cent, per month for the money advanced as the consideration for the execution of the mortgage. On the plaintiff’s motion the judge of the municipal court struck the second ground of the affidavit of…
1Opinion of the CourtGeorge, J.
1. . The evidence in the record authorized the judge of the municipal court to find that the mortgage executed by the defendant was given by him during his minority, to obtain .money with which to pay the purchase price of a horse to be used and which was used by him in connection with his business as salesman and collector. Under section 4235 of the Civil Code (1910), and on the facts in the record, it can not be said that the judgment finding against the plea of infancy is without evidence to sustain it.
2. The Civil Code (1910), § 3436, provides as follows.- “It shall not be lawful for any…
2Cases cited6 opinions
- Payton v. McPhaulSupreme Court of Georgia · 1907
- Maynard v. MarshallSupreme Court of Georgia · 1893
- Moseley v. RamboSupreme Court of Georgia · 1899
- Hodge v. BrownSupreme Court of Georgia · 1888
- Waite v. BartlettMissouri Court of Appeals · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Anthony v. American General Financial Services, Inc.Supreme Court of Georgia · 2010
- Norris v. Sigler Daisy CorporationSupreme Court of Georgia · 1990
- Long v. GreshamSupreme Court of Georgia · 1918
- Bank of LaFayette v. PhippsCourt of Appeals of Georgia · 1919
- Citizens Bank v. Hoyt & Co.Court of Appeals of Georgia · 1920
3 more not listed; retrieve them via the Exa API.