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G. L. MILLER & CO. v. CLARIDGE MANOR CO.

14 F.2d 859 (1925)

G. L. MILLER & CO., Inc., v. CLARIDGE MANOR CO.

District Court, N. D. Alabama.

August 4, 1925.

Attorney(s) appearing for the Case

Anderson, Rountree & Crenshaw and Reuben Arnold, all of Atlanta, Ga., and Nesbit & Sadler, of Birmingham, Ala., for plaintiff.

McClellan, Rice & Stone, of Birmingham, Ala., for defendant.

GRUBB, District Judge.

The plaintiff is the trustee under a mortgage executed by and securing a bond issue of the defendant, and seeks a foreclosure of the mortgage, because of a claimed default in the payment of interest, for which the trustee, pursuant to the terms of the mortgage, declared the principal of the mortgage due. The failure to pay the interest is not disputed. The defense is that the loan evidenced by the bonds and secured by the mortgage was usurious...

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