Gentry v. Consolidated Credit Corp.

Almand, Chief Justice. This appeal is from a judgment granted on motion of plaintiff for summary judgment on his complaint, which sought to recover a money judgment on a promissory note. In defendant’s answer, the primary defense was that the purported sale contract was given to secure a usurious loan. The prayers were that the note and purported conditional sale [460] contract be annulled and canceled. Argued March 8, 1971 Decided April 8, 1971. John W. Edge, for appellant. Rogers, Magruder & Hoyt, Karl M. Kothe, Hansell, Post, Brandon & Dorsey, Allen Post, J. William Gibson, for appellee. . No basis exists for this court’s jurisdiction. (Const. Art. VI, Sec. II, Par. IV; Code Ann. §2-3704). Simpson v. McMillan, 150 Ga. 119 (102 SE 825); Jones v. Van Vleck, 224 Ga. 796 (164 SE2d 724); Clark v. Liberty Loan Corp., 223 Ga. 351 (155 SE2d 19); s. c., 116 Ga. App. 213 (156 SE2d 535). This case is Transferred to the Court of Appeals. All the Justices concur.