Young v. First National Bank
Court of Appeals of Georgia
Complaint; from Newton superior court—Judge Smith. August 11, 1917. The First National Bank of Covington brought suit against Young and Weldon on a promissory note dated January 12, 1915, payable to C. B. Bogers or order, for the principal sum of $1091.42, and bearing interest after maturity at eight per cent, per annum, and also providing for ten per cent, attorney’s fees in case of suit thereon.
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Complaint; from Newton superior court—Judge Smith. August 11, 1917. The First National Bank of Covington brought suit against Young and Weldon on a promissory note dated January 12, 1915, payable to C. B. Bogers or order, for the principal sum of $1091.42, and bearing interest after maturity at eight per cent, per annum, and also providing for ten per cent, attorney’s fees in case of suit thereon. The note was payable January 1, 1916, and was transferred to the First National Bank by C. B. Bogers. The petition alleged the giving of the ten-days notice as required by law, and asked for the…
1Opinion of the CourtHarwell, J.
(After stating the foregoing facts.) It is in- ’ sisted, in the first place, that the bank, being' a national bank, had no right -to recover attorney’s fees; that such recovery would be usurious and beyond its charter powers as conferred by the national banking act. There is nothing in the national banking act that prevents the recovery of attorney’s fees by a national bank, unless they are held to be usury. In Georgia, by statute, such recovery is permitted, provided the required notice is given; and there no exception is made in the case of national hanks. Civil Code (1910), § 4252. In…
2Cases cited11 opinions
- Merck v. American Freehold Land Mortgage Co. of London, Ltd.Supreme Court of Georgia · 1887
- National Bank v. DanforthSupreme Court of Georgia · 1888
- Pope v. MarshallSupreme Court of Georgia · 1887
- Atlanta Savings Bank v. SpencerSupreme Court of Georgia · 1899
- Weed v. Gainesville, Jefferson & Southern RailroadSupreme Court of Georgia · 1904
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3Cited by7 opinions
- Lefkoff v. SicroSupreme Court of Georgia · 1939
- Grigsby v. Thorp Consumer Discount Co. (In Re Grigsby)United States Bankruptcy Court, E.D. Pennsylvania · 1990
- Kennedy v. Brand Banking Co.Court of Appeals of Georgia · 1979
- Bowden v. GabelMontana Supreme Court · 1937
- Kirkpatrick v. FawSupreme Court of Georgia · 1937
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