Legal Opinion

Hardy v. R & S FINANCE COMPANY

Court of Appeals of Georgia

Decided October 6, 1967No. 42982PublishedCited by 2 opinions

1Opinion of the Court

Deen, Judge.

1. It is a condition precedent to recovery on a note otherwise usurious that the obligee named therein was at the time of the execution of the note duly licensed under the provisions of the Industrial Loan Act. Bayne v. Sun Finance Co., 114 Ga. App. 27 (150 SE2d 311).

2. Where a general demurrer to a petition or oral motion to dismiss is sustained with 20 days leave to amend, the order stating that “upon failure to appropriately amend within the said period of time plaintiff’s petition shall stand dismissed” and no amendment curing the defect is filed within the time limited, it is…

2Cases cited3 opinions

  1. Northside Manor, Inc. v. VannSupreme Court of Georgia · 1963
  2. Bayne v. Sun Finance CompanyCourt of Appeals of Georgia · 1966
  3. Ervin v. SheffieldSupreme Court of Georgia · 1952

3Cited by2 opinions

  1. Household Finance Corporation v. JohnsonCourt of Appeals of Georgia · 1969
  2. Southern Discount Co. v. CooperCourt of Appeals of Georgia · 1973

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