Securities Investment Co. v. Pearson
Securities Investment Co. v. Pearson
Opinion of the Court
Under the provisions of the Georgia Industial Loan Act a loan company may not “charge, contract for or receive directly or indirectly, on or in connection with any loan,
Under the former Small Loan Act (Ga. L. 1920, p. 215), now repealed, it was specifically provided that: “No person shall owe any licensee, as such, at any time more than $300 for principal.” In Hartsfield Co. v. Robertson, 48 Ga. App. 735 (173 SE 201) it was held that Robertson, maker of a note in an amount less than $300, but endorser on other notes the total of all of which came to a sum in excess of $300, owed the company more than $300, for which reason the note was void. It would be simpler if the same language had been incorporated in the Industrial Loan Act, but there can be no doubt that the legislative intent was the same. When the statute provides that every licensee thereunder “may loan any sum of money not exceeding $2,500” it can mean nothing except that the company cannot be creditor to any particular person, firm or corporation at any one time for an amount in excess of this maximum, since it may of course make any number of loans, so long as the debtors are different persons. Where there are two loan contracts, and X is maker of one note and co-maker of another, then X has a primary liability on the total sum lent. It then becomes a question as to whether the restriction in amount is intended to be a restriction on the liability of the debtor or on the size of the particular contract. The purpose of the Act is to define and prevent usury. “One of the reasons on which the laws of usury are based is that the creditor shall not avail himself of the necessitous condition
It follows that in this case, where the plaintiff lent Pearson individually the sum of $2,500 and thereafter lent Pearson and another jointly $750, Pearson owed the company a sum in excess of $2,500, the maximum amount the company is permitted to lend. The loan contracts were accordingly void, and the trial court did not err in sustaining the general demurrers to the company’s actions on the notes.
Judgment affirmed.
Reference
- Full Case Name
- SECURITIES INVESTMENT COMPANY v. PEARSON
- Cited By
- 7 cases
- Status
- Published