Harrison v. Stiles
Supreme Court of Georgia
Motion to reinstate. Before Judge Van Epps. City court of Atlanta. July term, 1894. S. "W. Stiles sued Sarah Ann Harrison for $150 commissions for negotiating a loan. Upon the trial, at the close of the plaintiff’s evidence, a nonsuit was granted. During the term he moved to set aside the judgment of nonsuit and reinstate the case. The motion was sustained, and defendant excepted.
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Motion to reinstate. Before Judge Van Epps. City court of Atlanta. July term, 1894. S. "W. Stiles sued Sarah Ann Harrison for $150 commissions for negotiating a loan. Upon the trial, at the close of the plaintiff’s evidence, a nonsuit was granted. During the term he moved to set aside the judgment of nonsuit and reinstate the case. The motion was sustained, and defendant excepted. The evidence was as follows: Defendant employed plaintiff’ to negotiate for her a loan of $800, for which she was to pay interest to the lender at eight per cent, per annum, and was to secure the lender by deed to…
1Opinion of the Court
Lumpkin, Justice.
The substance of the declaration and the evidence introduced in support of it are stated by the reporter. The court sustained a motion to nonsuit the plaintiff on the ground that the contract between Purtell and Stiles for the lending of the money was illegal and usurious. Afterwards the court reconsidered this decision, and granted a motion to reinstate the ease.
While the question presented is not entirely free from doubt, we are of the opinion that the court’s first view of the case was the correct one. By the terms of the agreement between Purtell and Stiles, the former…
2Cases cited1 opinion
- Brown v. BaerSupreme Court of Georgia · 1888
3Cited by5 opinions
- Mallory v. Columbia Mortgage & Trust Co.Tennessee Supreme Court · 1923
- Pottle v. LoweSupreme Court of Georgia · 1896
- Pittsburgh Plate Glass Co. v. JarrettDistrict Court, M.D. Georgia · 1942
- Roanoke Mortgage Co. v. HenritzeSupreme Court of Virginia · 1928
- Monk v. National BankCourt of Appeals of Georgia · 1913