Maynard v. Marshall
Supreme Court of Georgia
Before Judge Boynton. Monroe superior court. February term, 1892. Petition by Maynard, brought to the August term,. 1886, to foreclose a mortgage given by Marshall on May 3, 1880,' to secure a promissory note for $855, due December 1,1880, bearing the following credits: March 6,. 1882, proceeds of 4 bales of cotton, $177.10; February 2, 1884, $75; February 3, 1883, $131.40; December 15, 1884, $50; November 29, 1884, $35; November 25,. 1885, $35; January 15, 1886, $50.51. The…
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Before Judge Boynton. Monroe superior court. February term, 1892. Petition by Maynard, brought to the August term,. 1886, to foreclose a mortgage given by Marshall on May 3, 1880,' to secure a promissory note for $855, due December 1,1880, bearing the following credits: March 6,. 1882, proceeds of 4 bales of cotton, $177.10; February 2, 1884, $75; February 3, 1883, $131.40; December 15, 1884, $50; November 29, 1884, $35; November 25,. 1885, $35; January 15, 1886, $50.51. The note says-nothing as to interest; the mortgage stipulates for payment of “ all legal interest.” The defendant’s pleas…
1Opinion of the Court
Bleckley, Chief Justice.
1. The title of the act was sufficiently comprehensive to cover all the provisions embraced in the body of the statute, and nothing on this subject need be said in addition to what is set out in the first head-note.
2. The statute on the subject of interest which was of force when the note and mortgage involved in this case were made, was the act of October 14th, 1879, the first section of which was in these words: “ That from and after the passage of this act, it shall no.t be lawful for any person, company or corporation, to reserve, charge or take for any loan or…
2Cases cited6 opinions
- Ewell v. DaggsSupreme Court of the United States · 1883
- President of the Bank of the United States v. OwensSupreme Court of the United States · 1829
- Campbell & Jones v. MurraySupreme Court of Georgia · 1878
- Shealy v. TooleSupreme Court of Georgia · 1876
- Broach v. KellySupreme Court of Georgia · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Central Georgia Power Co. v. StubbsSupreme Court of Georgia · 1913
- Southern Discount Co. v. EctorSupreme Court of Georgia · 1980
- Federal Deposit Insurance Cor. v. BeasleySupreme Court of Georgia · 1942
- Long v. GreshamSupreme Court of Georgia · 1918
- Croom v. JordanCourt of Appeals of Georgia · 1917
13 more not listed; retrieve them via the Exa API.