Allen v. Alco Finance, Inc., s. 48955
| Decision Date | 02 April 1974 |
| Docket Number | Nos. 48955,48956,No. 1,s. 48955,1 |
| Citation | 131 Ga.App. 545,206 S.E.2d 547 |
| Parties | Bobby D. ALLEN et al. v. ALCO FINANCE, INC. Eula MATTHEW v. ALCO FINANCE, INC |
| Court | Georgia Court of Appeals |
Charles M. Baird, Columbus, John L. Cromartie, Jr., Bettye H. Kehrer, Atlanta, for appellants. Syllabus Opinion by the Court
Both of these cases concern suits upon notes executed under the provisions of the Georgia Industrial Loan Act by the plaintiff-lender. Ga.L.1955, pp. 431-445 (Code Ann. Ch. 25-3). Each note provided 'Failure to pay any installment when due . . . shall, at the option of the holder hereof, . . . render all remaining installments at once due and collectible . . .' Motions for summary judgment by plaintiff were granted in each case and those of defendants denied. The denials were not certified for direct appeal. Held:
1. In Lawrimore v. Sun Finance Co., 131 Ga.App. 96, 205 S.E.2d 110, it was held that an identical provision in a note was a contract for the collection of usurious interest which voided the obligation. The holding in Lawrimore controls here and it was error to grant summary judgments for the lender in these cases.
2. The denial of defendants' motions for summary judgment was not certified for direct appeal but are enumerated as error. Absent certificates, no review of these judgments can be had. Moulder v. Steele, 118 Ga.App. 87, 162 S.E.2d 785.
Judgments reversed.
ADDENDUM
As I am bound by the 7 to 2 vote of this court in Lawrimore v. Sun Finance Co., 131 Ga.App. 96, 205 S.E.2d 110, I am required to concur in the foregoing opinion. Having strongly agreed with the views expressed in the Lawrimore dissenting opinion, I would have voted differently in the instant appeal if this were a de novo question.
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...was therefore void, under the authority of Lawrimore v. Sun Finance Company, 131 Ga.App. 96, 205 S.E.2d 110 and Allen v. Alco Finance, Inc., 131 Ga.App. 545, 206 S.E.2d 547. In opposition to the motion, plaintiff's general manager made affidavit that defendants had sought a penalty for the ......
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