BENEFICIAL FINANCE COMPANY OF ATLANTA v. TREFF

49764.

134 Ga. App. 17 (1975)

213 S.E.2d 126

BENEFICIAL FINANCE COMPANY OF ATLANTA v. TREFF.

Court of Appeals of Georgia.

Decided January 29, 1975.

Rehearing Denied February 19, 1975.


Attorney(s) appearing for the Case

Gambrell, Russell, Killorin, Wade & Forbes, Sewell K. Loggins, Douglas N. Campbell, for appellant.

Kendric E. Smith, for appellee.


BELL, Chief Judge.

Plaintiff brought suit on a promissory note. The defendant did not file an answer and a default judgment was entered. Subsequently, defendant moved to set aside the judgment on the ground that the note reflected on its fact that plaintiff contracted for interest in excess of that allowed under the Georgia Industrial Loan Act (Code Ann. § 25-301 et seq.; Ga. L. 1955, p. 431 et seq.). The court granted the motion. Held:

Plaintiff...

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