Terminals v. Walton Discount Co
Decision Date | 16 November 1922 |
Docket Number | (No. 13797.) |
Citation | 29 Ga.App. 225,114 S.E. 908 |
Parties | ATLANTA JOINT TERMINALS. v. WALTON DISCOUNT CO. |
Court | Georgia Court of Appeals |
(Syllabus by the Court.)
The evidence demanded the judgment rendered in the municipal court, and the judge of the superior court properly overruled the certiorari.
(Additional Syllabus by Editorial Staff.)
[Ed. Note.—For other definitions, see Words and Phrases, First and Second Series, Loan.]
Error from Superior Court, Fulton County; Geo. L. Bell, Judge.
Action by the Walton Discount Company against the Atlanta Joint Terminals. Judgment for plaintiff, and certiorari overruled, and defendant brings error. Affirmed.
W. O. Wilson, of Atlanta, for plaintiff in error.
Jackson & Echols, of Atlanta, for defendant in error.
The Walton Discount Company brought suit against the Atlanta Joint Terminals in the municipal court of Atlanta, upon a sale and assignment of wages made to Walton Discount Company by one Grant. Judgment was rendered against the defendant, certiorari was sued out, the certiorari was overruled, and the defendant excepted.
The controlling issue in the case is whether or not the Walton Discount Company was precluded from collecting these wages because they had not paid the license due under the act regulating loan business. Ga. L. 1920, pp. 215-222. It was admitted by the plaintiff that it had not paid this license, and was not doing business under the provisions of this act. It was not contended that the plaintiff had not paid any other license, or that it was doing business without a license, and there was no issue as to that. The issue therefore resolves itself into the question whether or not the transaction under consideration was such an one as would come under the act referred to. This act is:
"An act to license and regulate the business of making loans * * * regulating the as-signment of wages or salaries earned when taken as security for any such loan." (Italics ours.)
The application of Grant to the Walton Discount Company is as follows:
(Italics ours.)
The sale or assignment is in part as follows:
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Hubbard v. Bibb Brokerage Co
... ... 369, 73 S. E. 632; King v. State, 136 Ga. 709, 71 S. E. 1093; Atlanta Joint Terminals v. Walton Discount Co., 29 Ga. App. 225, 114 S. E. 908; Ison Co. v. Atlantic Coast Line R. R ... ...
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Hubbard v. Bibb Brokerage Co.
... ... 369, 73 S.E. 632; ... King v. State, 136 Ga. 709, 71 S.E. 1093; ... Atlanta Joint Terminals v. Walton Discount Co., 29 ... Ga.App. 225, 114 S.E. 908; Ison Co. v. Atlantic Coast ... Line ... ...
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- Atlanta Joint Terminals v. Walton Discount Co.