11 Ga. App. 724 | Ga. Ct. App. | 1912
1. The plea of usury as amended was sufficient as a plea of usury, under section 5674 of the Civil Code (1910), and the trial judge erred in sustaining the demurrer filed to it on the ground of insufficiency. Furr v. Keesler, 3 Ga. App. 188 (59 S. E. 596).
2. The amendment made to the original plea set up no new facts or defense of which notice was not given by the original plea. It simply
4. The issue made by the plea as amended, setting up usury in the note sued on, was sufficient to allow proof of the allegations contained in the plea, and should have been presented to the jury.
Judgment reversed.