Hudson v. Equitable Mortgage Co.

Supreme Court of Georgia

Hudson v. Equitable Mortgage Co.

26 S.E. 75, 100 Ga. 83, 1896 Ga. LEXIS 558

CourtSupreme Court of Georgia

DecidedNovember 23, 1896

StatusPublished

Cited by2 cases

This text of 26 S.E. 75 (Hudson v. Equitable Mortgage Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hudson v. Equitable Mortgage Co., 26 S.E. 75, 100 Ga. 83, 1896 Ga. LEXIS 558 (Ga. 1896).

Pincite

Opinion

Lumpkin, J.

The plaintiff, by introducing in evidence the note sued upon, established a prima facie right to recover, and the burden of sustaining the plea of usury was upon the defendant. There being no evidence to show that the plaintiff had received, or charged, any usury whatever, or to negative the conclusion that it had not actually parted with the full amount for which the note was given, the court did not err in directing a verdict in the plaintiff’s favor. Judgment affirmed.

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Lumpkin, J.

The plaintiff, by introducing in evidence the note sued upon, established a prima facie right to recover, and the burden of sustaining the plea of usury was upon the defendant. There being no evidence to show that the plaintiff had received, or charged, any usury whatever, or to negative the conclusion that it had not actually parted with the full amount for which the note was given, the court did not err in directing a verdict in the plaintiff’s favor. Judgment affirmed.

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Bluebook (online)

26 S.E. 75, 100 Ga. 83, 1896 Ga. LEXIS 558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hudson-v-equitable-mortgage-co-ga-1896.

Opinion

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