Legal Opinion

Chatham Finance Co. v. Eitel

Court of Appeals of Georgia

Decided February 20, 1942No. 29189PublishedCited by 6 opinions

1Opinion of the CourtMacIntyre, J.

J. B. Eitel brought suit against the Chatham Finance Company to recover usury alleged to have been paid by the plaintiff. The defendant’s general and special demurrers were overruled and it excepted.

The essential requirements of a petition seeking to recover usury alleged to have been paid are that it must set forth the sum upon which it was paid, or to be paid, the time when the contract was made, when payable, and the amount of usury agreed upon, taken, or reserved. Lee v. Stephen A. Ryan Co., 142 Ga. 609 (83 S. E. 272); Burnett v. Davis, 124 Ga. 541 (52 S. E. 927); Code, § 81-901. (This…

2Cases cited7 opinions

  1. Doyal v. RussellSupreme Court of Georgia · 1936
  2. Burnett v. Davis & Co.Supreme Court of Georgia · 1905
  3. Smith v. Central of Georgia Railway Co.Supreme Court of Georgia · 1916
  4. Johnson-Battle Lumber Co. v. Emanuel Lumber Co.Court of Appeals of Georgia · 1925
  5. Lynah v. Citizens & Southern BankSupreme Court of Georgia · 1911

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Pickens Investment Co. v. JonesCourt of Appeals of Georgia · 1950
  2. Acme Security, Inc. v. CLN Properties, LLC ( In re Acme Security, Inc.)United States Bankruptcy Court, N.D. Georgia · 2012
  3. Conner v. BowdoinCourt of Appeals of Georgia · 1950
  4. May v. Atlanta Builders Inc.Court of Appeals of Georgia · 1949
  5. Conner v. BowdoinCourt of Appeals of Georgia · 1950

1 more not listed; retrieve them via the Exa API.

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