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GERSH v. PEACOCK

34755.

89 Ga. App. 57 (1953)

78 S.E.2d 543

GERSH v. PEACOCK.

Court of Appeals of Georgia.

Decided October 24, 1953.

Attorney(s) appearing for the Case

John H. Hudson, Jr., Walter LeCraw, for plaintiff in error.

J. Corbett Peek, Jr., Haas, Hurt & Peek, contra.

FELTON, J.

1. An amended petition to collect only the principal of notes which provide for interest at a rate of 6% per month is good as against a general demurrer where it does not affirmatively appear that the plaintiff was engaged in the small-loan business. Ellis v. Williams, 56 Ga.App. 181, 182 (192 S. E. 491); Craddock v. Woods, 60 Ga.App. 377, 380 (3 S.E.2d 924).

2. The fact that the violation of the usury laws is made a...

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