Legal Opinion

Mims v. McDowell

Supreme Court of Georgia

Decided February 15, 1848No. 21PublishedCited by 7 opinions

Issue upon the foreclosure of mortgage. Tried before Judge Floyd, in Pike Superior Court, August Term, 1847. The plaintiff in error borrowed a sum of money from one Williamson, which after various payments and renewals, was reduced to the sum of $432, and for which, with the tax of sixty cents to be paid the State by Williamson, on account of said sum being out at interest, making $432 60, the plaintiff in error gave his note, with said McDowell as his security, and secured…

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Issue upon the foreclosure of mortgage. Tried before Judge Floyd, in Pike Superior Court, August Term, 1847. The plaintiff in error borrowed a sum of money from one Williamson, which after various payments and renewals, was reduced to the sum of $432, and for which, with the tax of sixty cents to be paid the State by Williamson, on account of said sum being out at interest, making $432 60, the plaintiff in error gave his note, with said McDowell as his security, and secured him by mortgage upon several negroes. Suit was brought upon the note against both Mims and McDowell, his security.…

1Opinion of the Court

By the Court

Warner, J.

delivering the opinion.

The plaintiff has assigned two grounds for errór, té'the decis-' ion of the Court below in-this case. First, Because the Court refused to charge as requested, to-wit: That- if McDowell, after notice of the usury and of plaintiff’s intention to plead it, and-*184after he had pleaded it, voluntarily paid the note sued on, he could not recover in this suit on his mortgage. Second, That if McDowell, after notice of the usury, voluntarily gave to Williamson Ills individual note, he could not recover in this suit on the mortgage ; and because the plaintiff…

2Cases cited2 opinions

  1. Tobey v. BarberNew York Supreme Court · 1809
  2. New-York State Bank v. FletcherNew York Supreme Court · 1830

3Cited by7 opinions

  1. Barton v. Farmers' State BankTexas Commission of Appeals · 1925
  2. Nash Motors Co. v. Harrison Co.Court of Appeals of Georgia · 1935
  3. Saunders, Stuckey & Mullis, Inc. v. Citizens Bank & Trust Co.Supreme Court of Georgia · 1995
  4. Hiatt v. EdwardsCourt of Appeals of Georgia · 1935
  5. Blakeley v. AdamsCourt of Appeals of Kentucky · 1902

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