Ward v. . Sugg
Supreme Court of North Carolina
Action tried at March Term, 1893, of Pitt Superior Court, to enjoin a sale threatened to be made under a mortgage, securing, among other notes or bonds, one for $400, described in the pleadings, and to have said note or bond declared usurious and void.
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Action tried at March Term, 1893, of Pitt Superior Court, to enjoin a sale threatened to be made under a mortgage, securing, among other notes or bonds, one for $400, described in the pleadings, and to have said note or bond declared usurious and void. Upon the pleadings the following issues were submitted to the jury; “1. Was the $400 note executed for an amount agreed to be paid over and above the debts, and for an usurious charge for the use of the money ? ” Answer; “ Yes.” “2. Is the defendant Harrington the bona fide owner of the $400 note, due January 1, 1893, and did he acquire the…
1Opinion of the Court
Upon the pleadings the following issues were submitted to the jury:
"1. Was the $400 note executed for an amount agreed to be paid over and above the debts, and for an usurious charge for the use of the money? Answer: `Yes.'
"2. Is the defendant Harrington the bona fide owner of the $400 note, due 1 January, 1893, and did he acquire the same before maturity in due course of business for value and without notice of any facts impeaching its validity? Answer: `Yes.'"
Evidence was introduced by both parties tending to show the (490) correctness of their allegations, and his Honor charged the jury…
2Cases cited12 opinions
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