Davenport v. Unicapital Corp.

Lewis, Chief Justice.

This action was brought by respondents to have a mortgage securing their promissory note held by appellant declared paid and satisfied .in full and to recover judgment for double the amount of usurious interest allegedly paid, as provided in Section 8-5 of the 1962 Code of Laws. The complaint sought judgment in the amount of $1,894.64. Appellant, by its answer, denied that the transaction was usurious, alleged that it was a holder in due course, and pled merger, waiver, and estoppel.

By consent, the issues were referred to Honorable Thomas H. Pope, Esquire, as Special…