Gersh v. Peacock

Court of Appeals of Georgia

Gersh v. Peacock

78 S.E.2d 543, 89 Ga. App. 57, 1953 Ga. App. LEXIS 900

CourtCourt of Appeals of Georgia

DecidedOctober 24, 1953

Docket34755

StatusPublished

Cited by1 cases

This text of 78 S.E.2d 543 (Gersh v. Peacock) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gersh v. Peacock, 78 S.E.2d 543, 89 Ga. App. 57, 1953 Ga. App. LEXIS 900 (Ga. Ct. App. 1953).

Pincite

Opinion

Ficlton, J.

1. An amended petition to collect only the principal of notes which provide for interest at a rate of 6% per month is good as against a geneial demurrer where it does not affirmatively appear that the plaintiff was engaged in the small-loan business. Ellis v. Williams, 56 Ga. App. 181, 182 (192 S. E. 491); Craddock v. Woods, 60 Ga. App. 377, 380 (3 S. E. 2d 924).

2. The fact that the violation of the usury laws is made a misdemeanor (Code, Ann., § 57-9901) does not alter or modify the civil law respecting usurious contracts. Code (Ann.) § 57-112; Croom v. Jordan, 20 Ga. App. 802 (2) (93 S. E. 538); Citizens Bank of Rome v. Hoyt & Co., 25 Ga. App. 222 (102 S. E. 837).

The court did not err in overruling the general demurrer to the amended petition.

Judgment affirmed.

Sutton, C. J., and Quillian, J., concur.

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