Legal Opinion

Newcomb v. Niskey's Lake Inc.

Supreme Court of Georgia

Decided July 10, 1940No. 13182PublishedCited by 13 opinions

1Opinion of the Court

Atkinson, Presiding Justice.

Reference is to the first question propounded by the Court of Appeals. It is declared in the Code: “The legal rate of interest shall be seven per centum per annum, where the rate per centum is not named in the contract, and any higher rate must be specified in writing, but in no event shall any person, company, or corporation reserve, charge, or take for any loan or advance of money, or forbearance to enforce the collection of any sum of money, any rate of interest greater than eight per centum per annum, either directly or indirectly by way of commission for…

2Cases cited29 opinions

  1. Georgia Railroad & Banking Co. v. WrightSupreme Court of Georgia · 1906
  2. Lankford v. HoltonSupreme Court of Georgia · 1938
  3. Bank of Lumpkin v. Farmers State BankSupreme Court of Georgia · 1926
  4. Dallas Trust & Savings Bank v. BrashearTexas Commission of Appeals · 1933
  5. Union Savings Bank & Trust Co. v. DottenheimSupreme Court of Georgia · 1899

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3Cited by13 opinions

  1. Botts v. Southeastern Pipe-Line Co.Supreme Court of Georgia · 1940
  2. E. Phillip Duderwicz and Diana Duderwicz v. Sweetwater Savings Association, Ronald Rader and Zhanna Rader v. Sweetwater Savings AssociationCourt of Appeals for the Fifth Circuit · 1979
  3. City of Chamblee v. Village of North AtlantaSupreme Court of Georgia · 1962
  4. First Federal Savings & Loan Ass'n v. Norwood Realty Co.Supreme Court of Georgia · 1956
  5. Bird Finance Corp. v. LamersonMichigan Supreme Court · 1942

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