Legal Opinion
Waters v. Lanier
Court of Appeals of Georgia
Decided October 6, 1967No. 43036PublishedCited by 14 opinions
1Opinion of the Court
Deen, Judge.
Subtraction of $3,500 from the amount of the original note, $4,340.40, leaves a difference of $840.40, admitted by both parties to have been the interest charged. This is on its face usurious, and the penalty for usury is forfeiture of all interest. Code § 57-112. Subtraction of the amount of the judgment from that of the note on which suit was brought indicates that the trial court properly deducted therefrom the amount of $840.40, thus disposing of the usury issue.
It is contended that, as the debt in question was scheduled in the bankruptcy proceedings, since Code § 3-902…
2Cases cited10 opinions
- Davis & Co. v. MorganSupreme Court of Georgia · 1903
- Cleghorn v. ShieldsSupreme Court of Georgia · 1927
- Moore v. TrounstineSupreme Court of Georgia · 1906
- Burch v. RaganCourt of Appeals of Georgia · 1955
- Fairmont Creamery Co. v. CollierCourt of Appeals of Georgia · 1917
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Gajewski v. BratcherNorth Dakota Supreme Court · 1974
- Mackiewicz v. J.J. & AssociatesNebraska Supreme Court · 1994
- Peppers v. SieffermanCourt of Appeals of Georgia · 1980
- Shirley J. Rhone v. State Auto Mutual Insurance Co., Defendant-Third Party F. William Allen, Third-PartyCourt of Appeals for the Third Circuit · 1988
- Miley v. Fireman's Fund InsuranceCourt of Appeals of Georgia · 1985
9 more not listed; retrieve them via the Exa API.