Legal Opinion

Carter v. Life Insurance Co.

Supreme Court of North Carolina

Decided May 24, 1898PublishedCited by 7 opinions

Civil action brought by the plaintiff under Section 3836 of The Code.to recover double the amount alleged to have been paid and received as usurious interest, tried before Robinson, J., and a jury at January, 1898, Special Term of Guilford Superior Court. The summons was issued January 20th, 1896. The facts appear in the opinion.

1Opinion of the Court

Eurches, J.:

This is an action to recover double the amount of usurious interest paid by the plaintiff to the defendant. On the 25th October, 1890, the plaintiff borrowed of the defendant $200, for which he gave his note at 6 per cent, interest. But, to enable him to df> this, he was compelled to tafee an endowment policy on his life in the defendant company, for which he was re quired to pay $2.40 per month, making his monthly payments $3.40. The $200 and interest and the monthly instalments on the insurance policy were all secured by deed of trust to Steel and Dalton. The plaintiff commenced…

2Cases cited1 opinion

  1. Miller v. Life Insurance Co.Supreme Court of North Carolina · 1896

3Cited by7 opinions

  1. Charles A. Riley Co. v. W. T. Sears & Co.Supreme Court of North Carolina · 1911
  2. Tribble v. StateCourt of Appeals of Georgia · 1954
  3. Cochran v. State Ex Rel. GallionSupreme Court of Alabama · 1960
  4. Tayloe v. Parker.Supreme Court of North Carolina · 1905
  5. Heaberlin v. Jefferson Standard Life InsuranceWest Virginia Supreme Court · 1933

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