Denton v. Butler & Stevens
Cases that cite this one
8 later published cases cite this decision.
- Bank of Omega v. Ford (Ga. Ct. App. 1917)
- Middlebrooks v. Phillips (Ga. Ct. App. 1929)
- Washington Loan & Banking Co. v. Holliday (Ga. Ct. App. 1921)
- McWhorter v. Swilley (Ga. Ct. App. 1918)
- Hancock v. Bank of Tifton (Ga. Ct. App. 1909)
- Whilden v. Milledgeville Banking Co. (Ga. Ct. App. 1907)
- Prather v. Smith (Ga. 1897)
- First National Bank v. McEntire (Ga. 1900)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
1. A surety upou a promissory note secretly' tainted with, usury, of which fact he had no knowledge, is discharg.ed from liability if it contained a waiver of homestead. This is so because the usury made the waiver void and thus, rendered the surety’s risk greater than it would otherwise have-been. Lewis v. Brown, 89 Ga. 115; Harrington v. Findley, Id. 385; Howard v. Johnson, 91 Ga. 319.
2. In an action on such a note it is incumbent upon the plaintiff,, in order to hold the surety liable, to prove affirmatively that, he signed the note with knowledge of the usury.
Judgment r&wrsed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.