155 Ga. 806 | Ga. | 1923
Pauline and Charles.A. Bailey filed their petition in equity, alleging that they did, on September 9. 1920. borrow
The verdict of the jury, in answer to special questions propounded by the court, having been a finding in favor of the defendant, and a decree having been entered accordingly, the plaintiffs moved for a new trial, urging various grounds therefor, each of which was overruled; to which ruling plaintiffs excepted.
The defendant in this case, Williams, had obtained a license under the provisions of an act entitled an act to license and regulate the business of making loans in sums of $300 or less, approved August 17, 1920 (Acts 1920, p. 215). That act contains the provision that every person licensed thereunder may loan any sum of money not exceeding in amount the sum of $300, and may charge, contract for, and receive thereon interest at a rate not to exceed 3-1/2 per centum, per month; and contains the further provision that if interest or charges in excess of those permitted by the act shall be charged, contracted for, or received, the contract of loan shall be null and void, and the licensee shall have no right to collect or receive any principal, interest, or charges whatsoever. In
In their motion for a new trial the plaintiffs complained that the questions submitted to the jury were not sufficiently specific, and that certain of the questions were not intelligibly answered. It seems to us that the questions were sufficient to elicit answers elucidating the issues involved. If plaintiffs had desired other and additional questions, they should have suggested them to the court; and if the jury neglected to return an answer to one or more of the questions, or returned an answer that was meaningless and unintelligible, counsel should have made a motion requiring the jury to answer the questions which they had failed to answer. “ It is provided by the Civil Code, § 4849, that c In the trial of any proceedings for equitable relief in this State, upon the request of either party to said cause, made after the same is called for trial, and before the beginning of the introduction of evidence in the same, the presiding judge shall, when charging the jury, instruct and require them to find a special verdict of the facts only in said cause, and shall inform the jury what issues of fact are made by the pleadings in said cause.’ The plaintiffs were entitled to have the jury specifically answer the questions submitted to them by the court, and upon their failure so to do it would have been proper for the court to require the jury to retire that they might comply with the statute, or, if they were unable to answer
Judgment affirmed.