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Judge awards $3,031 judgment in favor of creditor after bench trial over promissory note

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Summary

After a bench trial over a disputed promissory note and a series of informal loans, the court awarded plaintiff Gilbert (Gil) Smith $3,031, rejecting some claimed charges as unsupported and striking excessive interest as usurious.

A Cheatham County judge entered judgment for plaintiff Gilbert ("Gil") Smith in a dispute over loans and purchases made for defendant Roy (Craig) Craig (listed in court as Memorial Craig). After a bench trial where both parties and witnesses testified, the court found a signed promissory note for $1,200 but disallowed a $300 interest provision as usurious. The trial court credited certain additional expenditures Smith paid on Craig’s behalf but rejected other claimed items as insufficiently proven.

The judge found the following: the original $1,200 loan was valid and collectible; the $300 interest identified in the promissory note was excessive and the court declined to award it as usurious; the court did not find sufficient proof for an alleged $500 additional cash loan; the court found that $836 paid to redeem four…

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