Hudson v. Equitable Mortgage Co.

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

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.