Community Finance Co. v. Lloyd
Community Finance Co. v. Lloyd
Opinion of the Court
1. The Georgia Industrial Loan Act (Ga. L. 1955, p. 431) provides in Section 15 thereof for the maximum rate of charge for loans made by a licensee under the Act {Code Ann. § 25-315). Paragraph (a) of this section is in part as follows: The licensee may “Charge, contract for, receive and collect interest at a rate not to exceed 8 percent per annum of the face amount of the contract, whether repayable in one single payment or repayable in monthly or other periodic installments. On loan contracts repayable in
2. Where, as in the present case, in a suit by a licensee under said Act against a borrower the note attached to the petition shows that the loan was for a period of time in excess of 18 months and shows on its face that interest was deducted in advance rather than added to the loan, such deduction resulted in a charge in violation of, and in excess of, the charge authorized in said Act, and the petition seeking a recovery on such a void note was subject to general demurrer. The trial court did not err in sustaining the general demurrer and dismissing the petition.
Judgment affirmed.
Reference
- Full Case Name
- COMMUNITY FINANCE COMPANY v. LLOYD
- Cited By
- 1 case
- Status
- Published