Burwell v. . Burgwyn
Supreme Court of North Carolina
plaintiffs’ appeal. This was a civil action, tried before Armfield, J., at the February Term, 1889, of Vance Superior Court. The facts necessary to an understanding of this case, not set forth herein, are to be found in Burwell v. Burgwyn, 100 N. C., 389 The amount was again referred to the former referee Young to state an account in conformity with the opinion of the Court.
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plaintiffs’ appeal. This was a civil action, tried before Armfield, J., at the February Term, 1889, of Vance Superior Court. The facts necessary to an understanding of this case, not set forth herein, are to be found in Burwell v. Burgwyn, 100 N. C., 389 The amount was again referred to the former referee Young to state an account in conformity with the opinion of the Court. The parties plaintiffs are H. H. Burwell, J. S. Burwell and W. S. Stark, constituting the firm of Burwell Bros. & Co., and H. H. Burwell and Sophia \V. Burwell, his wife. The last named joined her husband in a mortgage to…
1Opinion of the Court
MerrimoN, C. J.:
The judgment of this Court in this case, when it was here by a former appeal (Burwell v. Burgwyn, 100 N. C., 389), had reference only to the liability and rights of the feme appellant therein, who is the present appellee, and it was no part of its purpose to interfere with or modify, in any respect, the judgment of the Court below against Burwell Bros. & Co. in favor of the defendant, the present appellant, because they did not appeal. What the Court then said and directed to be done in respect to the usurious character of the contract-between the last named parties was with…
2Cases cited1 opinion
- Burwell v. . BurgwynSupreme Court of North Carolina · 1888
3Cited by6 opinions
- Gaswint v. CaseOregon Supreme Court · 1973
- Kelly v. MaloneCourt of Appeals of Georgia · 1909
- Whitehead v. StateCourt of Appeals of Georgia · 1960
- Cogan Co. v. HughesSupreme Court of Georgia · 1916
- Rogers v. StamosCourt of Appeals of Georgia · 1948
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