Pattison v. Albany Building & Loan Ass'n
Supreme Court of Georgia
Usury. Promissory notes. Pleadings. Corporations. Before Julcge Wright. Dougherty Superior Court. April Term, 1879. The loan association brought comjffaint on notes against Pattison, for $784.50, besides interest. He pleaded as follows: 1. The general issue. 2. Plaintiff pretends to he acting under a charter granted by the superior court upon a petition alleging that $1,000.00 capital stock had been paid in, which was not true.
Read the full summary
Usury. Promissory notes. Pleadings. Corporations. Before Julcge Wright. Dougherty Superior Court. April Term, 1879. The loan association brought comjffaint on notes against Pattison, for $784.50, besides interest. He pleaded as follows: 1. The general issue. 2. Plaintiff pretends to he acting under a charter granted by the superior court upon a petition alleging that $1,000.00 capital stock had been paid in, which was not true. The charter had therefore been obtained by fraud. 3. Tlie notes sued on were obtained by fraud in this: Defendant borrowed from time to time from plaintiff $3,137.75,…
1Opinion of the Court
Bleckley, Justice.
1. There was a full settlement, and the debtor gave his promissory notes, and thus closed up his account. He now seeks to avoid the settlement, and extricate himself from his express promise to payas evidenced by the notes, partly on the grou id of fraud. The fraud alleged is that the account as kept and stated by the creditor embraced interest or usury which, up to the time the notes were given 3 had not been promised in writing. No trick or device is alleged by which the debtor was thrown off his guard and prevented from having the account examined, or from making inquiry…
2Cases cited1 opinion
- Wood v. Coosa & Chattooga River RailroadSupreme Court of Georgia · 1861
3Cited by16 opinions
- Cook v. Equitable Building & Loan Ass'nSupreme Court of Georgia · 1898
- Dyar v. Walton, Whann & Co.Supreme Court of Georgia · 1887
- Reeve v. Ladies' Building Ass'nSupreme Court of Arkansas · 1892
- Wohlford v. Citizens' Building, Loan & Savings Ass'nIndiana Supreme Court · 1895
- Alabama Great Southern Railroad v. BrownSupreme Court of Georgia · 1913
11 more not listed; retrieve them via the Exa API.