NORTON v. HUTTON

68437.

172 Ga. App. 836 (1984)

324 S.E.2d 744

NORTON et al. v. HUTTON.

Court of Appeals of Georgia.

Rehearing Denied December 4, 1984.


Attorney(s) appearing for the Case

Jay M. Sawilowsky, for appellants.

Paul H. Dunbar III, Charles C. Stebbins III, for appellee.


CARLEY, Judge.

Appellants borrowed $50,000 from appellee. To evidence the indebtedness, appellants prepared and executed a demand note in favor of appellee which provided for interest payable at the rate of "2% over or 17.75%." Appellants failed to repay the loan on demand, and the instant suit was instituted. Appellants answered and raised several defenses, including that of usury under applicable Florida law. Appellee moved for summary judgment and the trial court...

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