Cowan v. Bank of Baconton
Court of Appeals of Georgia
Complaint; from city court of Leesburg — Judge Martin. July 7, 1917.
1Opinion of the CourtHarwell, J.
The Bank of Baconton brought suit against DeBerry Brothers and J. C. Cowan on a promissory note. Cowan pleaded that he was surety on the note, and that “said note [the note sued on], from its date to its maturity, includes usury at the rate of ten per cent, per annum for said term, which said sum was added in the face of said note as principal, all of which was unknown to this defendant at the time he indorsed said note;” and that, as the note contains a homestead waiver, these facts discharged him from any liability on the note. The bank filed an amendment admitting that the note contained…
2Cases cited6 opinions
- Willingham v. Macon & Birmingham Railway Co.Supreme Court of Georgia · 1901
- Chattahoochee Valley Railway Co. v. BassCourt of Appeals of Georgia · 1911
- Whatley v. BarkerSupreme Court of Georgia · 1887
- American Insurance v. Bailey & MusgroveCourt of Appeals of Georgia · 1909
- Dwelle & Daniel v. BlackwoodSupreme Court of Georgia · 1899
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3Cited by6 opinions
- Davison Chemical Corp. v. HartCourt of Appeals of Georgia · 1942
- Lewis v. DugganCourt of Appeals of Georgia · 1952
- Southern Railway Co. v. RayCourt of Appeals of Georgia · 1922
- Chipley v. BeelerCourt of Appeals of Georgia · 1970
- Myerholtz v. ConwayCourt of Appeals of Georgia · 1963
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