TaiLexi AI U.S. Case Law

Robinson v. Morris Plan Co.

Robinson v. Morris Plan Company

Robinson v. Morris Plan Co., 171 S.E. 394 (Ga. Ct. App. 1933)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals of Georgia · State Appellate Courts
Decided
October 20, 1933
Docket
No. 23045
Judges
Broyles, Guerry
Citations
171 S.E. 39447 Ga. App. 7371933 Ga. App. LEXIS 632

Opinion of the Court — Guerry

Text extracted by OCR from a scanned original; check the original for exact wording.

Guerry, J.

The taking and reserving of interest at the rate of 8 per cent, in advance, whether for a short-time or long-time loan, is usurious. Loganville Banking Co. v. Forrester, 143 Ga. 302 ( 84 S. E. 961 , L. R. A. 1915D, 1195) ; Reese v. Bloodworth, 146 Ga. 355 ( 91 S. E. 120 ); Bank of Lumpkin County v. Justus, 150 Ga. 286 ( 103 S. E. 794 ) ; Haley v. Covington, 19 Ga. App. 782 ( 92 S. E. 297 ). The provisions of the Civil Code (1910), § 2878, with reference to building and loan associations, to apply, must be pleaded. The petition does not disclose that the plaintiff stands in any exceptional capacity. The plea of usury was good, and the court erred in striking it.

Judgment reversed.

Maolntyre, J., concurs. Broyles, G. J., dissents.

Dissent — Broyles

Text extracted by OCR from a scanned original; check the original for exact wording.

Broyles, C. J.,

dissenting. IJnder the Civil Code (1910), § 2878, as amended by the act of 1910 (Ga. L. 1910, p. 55) and the act of 1913 (Ga. L. 1913, p. 54), and under the decisions of the Supreme Court in Atlanta Loan & Saving Co. v. Norton, 149 Ga. 805 ( 102 S. E. 536 ), and of this court in the same case, 24 Ga. App. 771 ( 102 S. E. 539 ), the plaintiff was “a like association” to building and loan associations within the meaning of the act of 1913. The defendant’s answer was properly stricken. In my opinion, the court did not err in directing a verdict in favor of the plaintiff for the principal, interest, and court costs, but erred in including therein attorney’s fees. I think the judgment *738 should be affirmed on condition that the plaintiff write off from the judgment the amount found for attorney’s fees.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1934: 11940: 11962: 119342026peak 1934 · 1

Relies on it most ⓘ

  1. Robinson v. Colonial Discount Co.126 S.E.2d 824 (Ga. Ct. App. 1962)
  2. Penn Mutual Life Insurance v. Marshall175 S.E. 412 (Ga. Ct. App. 1934)
  3. Kent v. Hibernia Savings, Building & Loan Ass'n10 S.E.2d 759 (Ga. 1940)

Most recent

  1. Robinson v. Colonial Discount Co.126 S.E.2d 824 (Ga. Ct. App. 1962)
  2. Kent v. Hibernia Savings, Building & Loan Ass'n10 S.E.2d 759 (Ga. 1940)
  3. Penn Mutual Life Insurance v. Marshall175 S.E. 412 (Ga. Ct. App. 1934)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 6

DepthCaseCited by
Loganville Banking Co. v. Forrester, 84 S.E. 961 (Ga. 1915) 20
Haley v. Covington, 92 S.E. 297 (Ga. Ct. App. 1917) 13
Bank of Lumpkin Cnty. v. Justus, 103 S.E. 794 (Ga. 1920) 9
Reese v. Bloodworth, 91 S.E. 120 (Ga. 1917) 6
Atlanta Loan & Saving Co. v. Norton, 102 S.E. 536 (Ga. 1920) 6
Atlanta Loan & Saving Co. v. Norton, 102 S.E. 539 (Ga. Ct. App. 1920) 2

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list