FIRST FED. SAVINGS &c. ASSN. v. LINDSEY

37496.

99 Ga. App. 316 (1959)

108 S.E.2d 198

FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF ATLANTA v. LINDSEY.

Court of Appeals of Georgia.

Rehearing Denied March 24, 1959.


Attorney(s) appearing for the Case

Johnson, Hatcher & Meyerson, Henry M. Hatcher, Jr., for plaintiff in error.

Fraser & Schell, Young H. Fraser, contra.


FELTON, Chief Judge.

This is an action to recover usury paid on an obligation within twelve months before the institution of the action. Code § 57-115. The basis and theory of the action is that, treating all of the dealings alleged between the parties as one transaction, the plaintiff paid the alleged amount of usury to the defendant within one year prior to the filing of the action. Assuming that the petition otherwise shows all the elements necessary to a...

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