Cheapstead v. Frank
Supreme Court of Georgia
Interest and Usury. Statute of Limitations. Before Judge Hammond. Fulton Superior Court. April Term, 1883. Cheapstead brought suits in a justice of the peace court on five promissory notes given by Mrs. Frank, as principal, and Moses Frank, as security, to the order of one Guild, and indorsed by him. The cases were carried to the superior court by appeal, and consolidated.
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Interest and Usury. Statute of Limitations. Before Judge Hammond. Fulton Superior Court. April Term, 1883. Cheapstead brought suits in a justice of the peace court on five promissory notes given by Mrs. Frank, as principal, and Moses Frank, as security, to the order of one Guild, and indorsed by him. The cases were carried to the superior court by appeal, and consolidated. The defendant filed a plea to the effect that she had borrowed an amount of money and given notes therefor; that various payments had been made, which were sufficient to pay off the principal and legal interest; that she…
1Opinion of the Court
Hall, Justice.
The question in this case was, whether the notes, the foundation of this suit, were without any consideration to support them. They were given in settlement of a loan at usurious rates of interest. The defendant contended that they were for a balance claimed to be due on this original transaction that she had paid the entire amount of the loan, together with the lawful interest due thereon. The plaintiff insisted that the original contract was purged of the usury, and that these notes were given for the balance found to be due when this had been done, including certain fees and…
2Cases cited4 opinions
- Everett v. Planters' BankSupreme Court of Georgia · 1878
- Finney v. BrumbySupreme Court of Georgia · 1880
- Holland v. ChambersSupreme Court of Georgia · 1857
- Jones v. HolcombeSupreme Court of Georgia · 1878
3Cited by7 opinions
- Atlanta Savings Bank v. SpencerSupreme Court of Georgia · 1899
- Moore v. . BeamanSupreme Court of North Carolina · 1893
- Reconstruction Finance Corp. v. PuckettSupreme Court of Georgia · 1935
- Gramling, Spalding & Co. v. PoolSupreme Court of Georgia · 1900
- Lankford v. PetersonCourt of Appeals of Georgia · 1917
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