115 Ga. 466 | Ga. | 1902
An equitable petition was filed by Sackett against Mrs. Stone, W. A. Stone (her husband), F. B. Taylor, sheriff, and the Georgia Loan and Trust Company. This petition alleged, among other things, that Stone had in 1885 purchased of Bacon a described tract of land, paying half of the purchase-money and giving notes for the balance, Bacon making him bond for title. In
Mrs. Stone in defense to the plaintiff’s action set up that the security deed relied upon by the plaintiff was void for usury. She contended that her husband had never had any contractual relations with the plaintiff, but had contracted solely with the loan company, through one of its agents, that this company had retained a large commission besides charging eight per cent, per annum, the full legal rate of interest, upon the loan, and that plaintiff was merely a purchaser from it. The plaintiff contended that he had never received anything more than eight per cent., that if commissions were taken out of the amount sent by him to Stone, it was done by the latter’s agents and not by the plaintiff, and that plaintiff was ignorant of the retention of any commissions. The evidence on this issue was conflicting, but there was enough to authorize the jury to find in favor of Mrs. Stone’s contention and against that of the plaintiff. The trial judge was satisfied with the verdict, and there was evidence to support it. Complaint was made in the motion for new trial of the charge of the court in regard to this issue. We have read the whole charge, and find that, in regard to the question of usury in the security deed, it was full and fair and submitted the issue impartially to the jury. Considering the exceptions in connection with the entire charge, we find no error in the portions of the charge to which exception was taken. We can not, therefore, interfere with the refusal to grant a new trial upon this issue.
Judgment reversed, with direction.