Weldon v. Ayers
Supreme Court of Georgia
Certiorari. Before Judge Holden. Hart superior court. November 29, 1901. In a justice’s court suit was brought upon a promissory note, a copy of which was attached to the summons, against Baker as principal, and Weldon and another as sureties. The note contained ■a waiver, by the principal and the sureties, of any and all homestead or exemption rights.
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Certiorari. Before Judge Holden. Hart superior court. November 29, 1901. In a justice’s court suit was brought upon a promissory note, a copy of which was attached to the summons, against Baker as principal, and Weldon and another as sureties. The note contained ■a waiver, by the principal and the sureties, of any and all homestead or exemption rights. The sureties pleaded, “ that said plain- • tiff charged, demanded, and collected from defendant J. W. Baker interest at a greater rate than 13^>, all of said sums charged, demanded, and collected by plaintiff from defendants exceeding 8^> being…
1Opinion of the Court
■Cobb, J.
1. A surety upon a promissory note, who signs the same in ignorance of the fact that the contract between the payee and. the maker is one providing for the payment of usury, is not, because this fact is concealed from him, dischai'ged altogether from liability on the note. By a proper plea of usury the surety may prevent a recovery against him of a sum greater than the principal of the debt and legal interest thereon.
2. In the absence of a proper plea of usury, setting forth the facts necessary to determine the exact amount of usury contracted to be paid, so that the same may be set…
2Cases cited3 opinions
- Howard v. JohnsonSupreme Court of Georgia · 1893
- Cleghorn v. GreesonSupreme Court of Georgia · 1886
- Small v. HicksSupreme Court of Georgia · 1889
3Cited by1 opinion
- Furr v. KeeslerCourt of Appeals of Georgia · 1907