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Judge awards $3,031 judgment in favor of creditor after bench trial over promissory note
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.
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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 firearms from pawn was supported by a credit-card receipt and was a legitimate debt; the court found $150 for a bow-and-arrow purchase (plus knives) and $30 for a hat credible; the court declined to award $40 for fuel and $128 for an AAA membership because those items were not substantiated by adequate documentation. The court awarded court costs of $215 and attorney’s fees of $600 under a promissory-note provision requiring the borrower to pay the lender’s reasonable attorney fees for collection. The court said the appeal bond of $500, if paid, would be refunded and therefore not included in the collectible judgment.
The judge explained his reasoning from the bench, saying in part that "no good deed goes unpunished" and finding that some claims lacked documentary support. He determined the total judgment, after disallowing the usurious interest and the unproven items but including validated debts and fees, to be $3,031.
Why it matters: The decision illustrates the court’s scrutiny of oral and informal loan arrangements, especially where the borrower is described in court as vulnerable. It underscores that promissory-note terms may be limited by usury law and that courts require corroborating documentation for additional asserted debts.
Evidence and testimony: The defendant (Mr. Craig) testified that he signed a promissory note and acknowledged some of the items, but often could not recall receipts or specifics. Plaintiff Smith produced a credit-card receipt for $836 to redeem property from pawn and a written ledger of additional amounts he said he advanced. Smith’s sister and other witnesses testified about their concerns for Craig’s vulnerability and about administering his affairs; Lisa Craig Beasley, who testified she is co-trustee for Craig, told the court she would consider paying substantiated debts but asked for receipts and corroboration.
Court’s ruling and amounts: The court allowed the $1,200 principal, disallowed $300 interest as usurious, found $836 (pawn redemption), $150 (bow/knives), and $30 (hat) provable, denied $500 cash and $128 AAA membership for lack of proof, denied $40 fuel, awarded $215 court costs and $600 attorney fees under the note. Net judgment entered: $3,031.
Next steps: The judgment will be entered on the court docket. The court also noted the parties' strained relationship and said the family (and trustee) could pay amounts proved if the defendant confirmed them; the judge directed the clerk to enter judgment consistent with his findings.

