Clark v. Thompson
Supreme Court of Georgia
Bail-trover. Before Judge Bower. Dougherty superior court. October term, 1895. R. M. Thompson brought bail-trover against Jesse S. Clark for a lot of household and kitchen furniture.
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Bail-trover. Before Judge Bower. Dougherty superior court. October term, 1895. R. M. Thompson brought bail-trover against Jesse S. Clark for a lot of household and kitchen furniture. Defendant pleaded that the debt for which he gave a bill of sale to plaintiff was for money borrowed from plaintiff; that on June 27, 1893, he gave his note and mortgage to plaintiff for $100, and the plaintiff let him have $65 thereon, reserving $35 for the use of or interest on $65 for six months time as specified in the note, the amount so reserved being usury; that on March. 15, 1894, after the mortgage…
1Opinion of the CourtSimmons, C. J.
1. An absolute contract for tbe sale of personalty is not void although, a part of the consideration of the sale may be the payment of a debt infected with usury; and where such a contract is evidenced by a written bill of sale, the vendee may maintain thereon an action of trover against the vendor. Hicks v. Marshall, 67 Ga. 713; Harris v. Hull, ex’r, 70 Ga. 832; Barfield v. Jefferson, 78 Ga. 220.
2. The evidence in this case warranted a finding that the sale was absolute and not for the purpose of securing a debt; and it affords no cause, of complaint to the defendant that the money verdict…
2Cases cited2 opinions
- Hicks v. MarshallSupreme Court of Georgia · 1881
- Barfield v. JeffersonSupreme Court of Georgia · 1887
3Cited by1 opinion
- Cook v. Equitable Building & Loan Ass'nSupreme Court of Georgia · 1898