Faison v. C. W. Grandy & Sons
Supreme Court of North Carolina
Civil. ActioN for an account of dealings between the parties, pending in Northampton Superior Court, and beard by consent, by Brown, J., at Chambers, August 19, 1898, upon exceptions filed by plaintiff to report of referee, relating to the defense of usury set up against amount found due the defendant.
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Civil. ActioN for an account of dealings between the parties, pending in Northampton Superior Court, and beard by consent, by Brown, J., at Chambers, August 19, 1898, upon exceptions filed by plaintiff to report of referee, relating to the defense of usury set up against amount found due the defendant. The defendant had succeeded to claims, as assignee, to the amount of $14,421.74, against the plaintiff, who insisted, and referee so found, that there was really due upon the claims (drafts and note), only the sum of $13,782.81 — in the hands of an antecedent holder — the difference of $638.93…
1Opinion of the CourtFaircloth, C. J.
The transactions out of which this litigation comes originated in 1872, when the plaintiff borrowed money from Arps, and secured its payment, and said claim became the property of The Farmers Loan and Trust Company, in 1873, with an agreement to advance money and supplies to the plaintiff. In 1881 the Trust Company transferred its claim to Ann D. Grandy and William Selden, and in 1885 and 1893, the latter-named parties transferred their claims to the defendant Grandy & Sons, they paying the face value of the same. During these transactions numerous payments, advances and charges were made,…
2Cases cited4 opinions
- Ward v. . SuggSupreme Court of North Carolina · 1893
- Smith v. Old Dominion Building & Loan Ass'nSupreme Court of North Carolina · 1896
- Coor v. . SpicerSupreme Court of North Carolina · 1871
- United States National Bank of New York v. McNairSupreme Court of North Carolina · 1895
3Cited by6 opinions
- Charles A. Riley Co. v. W. T. Sears & Co.Supreme Court of North Carolina · 1911
- Hill v. . LindsaySupreme Court of North Carolina · 1936
- Tayloe v. Parker.Supreme Court of North Carolina · 1905
- Overton v. TarkingtonSupreme Court of North Carolina · 1959
- AUTO FINANCE COMPANY OF NORTH CAROLINA v. SimmonsSupreme Court of North Carolina · 1958
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