Eason v. Saulsbury, Respess & Co.
Supreme Court of Georgia
Appropriation of payments. Usury. Verdict. Before Judge Kiddoo. Schley Superior Court. April Term, 1873. Saulsbury, Respess &'Company brought complaint against Spencer E. Eason, as drawer, and E. D. Eason and J. S. Eason, as indorsers,- on a draft, embracing within it a crop lien, dated March 31st, 1871, payable seven months after date, for $233 60, besides oom'isel fees, and addressed to plaintiffs. The defendants pleaded the general issue, usury and payment.
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Appropriation of payments. Usury. Verdict. Before Judge Kiddoo. Schley Superior Court. April Term, 1873. Saulsbury, Respess &'Company brought complaint against Spencer E. Eason, as drawer, and E. D. Eason and J. S. Eason, as indorsers,- on a draft, embracing within it a crop lien, dated March 31st, 1871, payable seven months after date, for $233 60, besides oom'isel fees, and addressed to plaintiffs. The defendants pleaded the general issue, usury and payment. The evidence presented the following case : The i instrument sued on was given for .#200 00, borrowed by thoj drawer from the…
1Opinion of the Court
Trippe, Judge.
1. The facts of this case are about these : Plaintiff in sent to defendants in error enough cotton, which they sold, *509and for an amount sufficient to pay the principal and legal interest on both the debts he owed them. We say nothing as to the counsel fees which were agreed to be paid in the contracts* If these were due and collectible, there would be a small deficit. The money in the creditors’ hands had not been appropriated to either debt, and suits had been brought on both. The defense was usury and payment. Oil the trial of the suit for one of the debts, it was competent for…
2Cited by2 opinions
- Chapman v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1917
- Hatcher v. Comer & Co.Supreme Court of Georgia · 1884