Household Finance Corporation v. Middlebrooks

Full title: HOUSEHOLD FINANCE CORPORATION v. MIDDLEBROOKS et al

Court: Court of Appeals of Georgia

Date published: Jul 6, 1976

228 S.E.2d 204 (Ga. Ct. App. 1976)

139 Ga. App. 224

Opinion

51606.

SUBMITTED JANUARY 12, 1976.

DECIDED JULY 6, 1976.

Action on note. DeKalb State Court. Before Judge Smith.

Harris Bullock, for appellant.

Charles T. Magarahan, for appellees.

STOLZ, Judge.

In this suit by Household Finance Corp. to recover the "balance due" on a note covered by the Industrial Loan Act (Code Ann. § 25-315 et seq.), the complaint shows on its face that the interest and the finance fee were erroneously and excessively computed as the result of an admitted mistake of the plaintiff's employee. By the holding of this court in Sellers v. Alco Finance, Inc., 130 Ga. App. 769 (4) ( 204 S.E.2d 478), this renders the note void.

Judgment affirmed. Bell, C. J., and Clark, J., concur.

STOLZ, Judge.

SUBMITTED JANUARY 12, 1976 — DECIDED JULY 6, 1976.