Douglas v. Dixie Finance Corp.
Decision Date | 10 June 1976 |
Docket Number | No. 1,No. 51883,51883,1 |
Citation | 139 Ga.App. 251,228 S.E.2d 144 |
Court | Georgia Court of Appeals |
Parties | Mary DOUGLAS v. DIXIE FINANCE CORPORATION |
W. L. Dwyer, Americus, for appellant.
Lewis N. Jones, Laurie Hargrove, Americus, Gambrell, Russell, Killorin & Forbes, Douglas N. Campbell, John A. Clark, Atlanta, for appellee.
Charles M. Baird, Atlanta, amicus curiae.
Dixie Finance Corporation brought suit against Mary Douglas and her former huband, Hollis Douglas, on a promissory note in the face amount of $2,640, of which $1,350 involved refinancing of a prior loan. It is uncontroverted that the prior loan violated the Georgia Industrial Loan Act as construed by this court in Lawrimore v. Sun Finance Co., 131 Ga.App. 96, 205 S.E.2d 110 and was null and void under the Supreme Court decision in Hodges v. Community Loan &c. Co., 234 Ga. 427, 216 S.E.2d 274. by stipulation the case was tried by the judge without a jury. In rendering judgment for the plaintiff, the trial judge found that the earlier void instrument 'was superseded by the later contract as to which is constituted an accord and satisfaction.' It is to the correctness of the ruling, from which defendant Mary Douglas appeals, that we first direct our attention.
1. Code § 20-1201.
Unless specifically agreed to by the parties, a renewal of a promissory note alone is not an accord and satisfaction. Blackshear Mfg. Co. v. Harrell, 191 Ga. 433(2), 12 S.E.2d 328. The record does not show any such agreement in this case. Moreover, the prior illegal contract could not be valid consideration for the execution of the note sued upon. Code § 20-305. Hanley v. Savannah Bank & Trust Co., 208 Ga. 585, 68 S.E.2d 581.
2. Prior to the filing of the complaint in this case, the plaintiff caused its attorney to give the defendants notice pursuant to Code § 20-506, then brought suit for $2,200, 15% attorney fees, and court costs. Following the defendants' answer and counterclaim, the plaintiff amended its complaint by showing 'that the total amount stated in the complaint is reducible by any earned charges, all as particularly shown in the note, and as deducted on all previous notes of the defendants when they were renewed.' The plaintiff's loan manager testified that it would be entitled to an interest rebate of $185.71; life insurance rebate of $50.63; accident and health insurance rebate of $80.79; and household goods rebate of $53.86. Based on this testimony, after granting the defendant suretyship credit of $420.28, the trial judge entered judgment against the defendant for $1,408.73. In Reese v. Termplan, Inc., Bolton, 125 Ga.App. 473, 188 S.E.2d 177, this court held that the Installment Sales Act was violated at the time the seller attempted to accelerate the unpaid balance. In Harrison v. Goodyear Service Stores, 137 Ga.App. 223, 223 S.E.2d 261 we held that a 'good faith' offer to amend a complaint to correct an excessive time price differential, had no effect on the penalty provisions of the statute being construed. On p. 224, 223 S.E.2d p. 263 we noted: 'If a...
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Pinkett v. Credithrift of America, Inc., No. 2.
...correctly concluded that the reaffirmance of an obligation void under the Industrial Loan Act is also void, Douglas v. Dixie Finance Corp., 139 Ga. App. 251, 228 S.E.2d 144 (1976). I. Before the court addresses the heart of this claim, it must first dispose of the assertion, made by the def......
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Williams v. Public Finance Corp.
...concede that a loan which violated the ILA can not be "valid" consideration for a second refinancing loan. Douglas v. Dixie Finance Corp., 139 Ga.App. 251, 228 S.E.2d 144 (1976). However, the lenders argue that they should be allowed to recover the new money they gave the borrowers on the r......
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Sapp v. ABC Credit & Inv. Co.
...Loan Act, then, she contends, the renewal note would also be void and unenforceable under the rule in Douglas v. Dixie Finance Corp., 139 Ga.App. 251, 228 S.E.2d 144 (1976). Thus it is apparent that a key issue in this contention is that of the corporate distinctiveness of ABC and Greenvill......
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Liberty Loan Corp. of Shoals v. Childs
...thus violating the Industrial Loan Act. An amendment to its complaint does not erase that violation. See Douglas v. Dixie Finance Corp.. 139 Ga.App. 251, 228 S.E.2d 144. Accordingly, the trial court did not err in refusing to allow Liberty to amend to 'cure' its initial charge for usurious ......