Irvin v. Mathews
Supreme Court of Georgia
Interest and Usury. Sales. Contracts. Before Judge Fort. Stewart Superior Court. April Term. 1885. O. H. Mathews, administrator of James A. Mathews, deceased, brought suit against J. F. Irvin on two promissory notes, one for $5,894.89, principa], the other for $2,373.24, principal.
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Interest and Usury. Sales. Contracts. Before Judge Fort. Stewart Superior Court. April Term. 1885. O. H. Mathews, administrator of James A. Mathews, deceased, brought suit against J. F. Irvin on two promissory notes, one for $5,894.89, principa], the other for $2,373.24, principal. The defendant filed a plea of usury, which he subsequently amended so as to read as follows; “And for a further plea in this behalf, this defendant says that the consideration of the two promissory notes set forth in said action is and was certain tracts or parcels of land which this defendant, on January 5, 1881,…
1Opinion of the Court
Blandeord, Justice.
The defendant in error brought his action against the plaintiff in error to recover certain money which he alleged the plaintiff in error owed his intestate. To this action the defendant filed a plea of usury. Issue was taken on this plea, and the jury found that issue in favor of the defendant. The plaintiff moved the court for a new trial, which was granted, and defendant excepted to this ruling of the court, and assigns error thereon.
1,2. We might content ourselves with this ruling of the court by saying that, as this is the first grant of a new trial upon facts which…
2Cases cited2 opinions
- Scofield v. McNaughtSupreme Court of Georgia · 1874
- Crawford v. JohnsonIndiana Supreme Court · 1858
3Cited by11 opinions
- E. Tris Napier Co. v. TrawickSupreme Court of Georgia · 1927
- Richardson v. C. I. T. Corp.Court of Appeals of Georgia · 1939
- Rushing v. Worsham & Co.Supreme Court of Georgia · 1898
- Graham v. LynchSupreme Court of Georgia · 1950
- Ozmore v. CoramSupreme Court of Georgia · 1909
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