Ryan v. Southern B. & L. Ass'n
Supreme Court of South Carolina
Before Townsend, J., Barnwell, March, 1897. Action by G. K. Ryan against The Southern Building and Loan Association and J. Allen Tobin, receiver, for usurious interest collected in judgment. Judgment for plaintiff.
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Before Townsend, J., Barnwell, March, 1897. Action by G. K. Ryan against The Southern Building and Loan Association and J. Allen Tobin, receiver, for usurious interest collected in judgment. Judgment for plaintiff. Defendant, Tobin, appeals. cite: Rev. Stat., 1391. cite: On first point: 27 S. C., 110; 3 S. E. R., 52; 30 S. C., 391; 9 S. E. R., 344; 31 S. C., 382; 9 S. C., 958. Usury not res judicata: 17 S- C., 35; 19 S. C., 254; 21 S. E. R., 617; 46 N. E. R., 654; Rev. Stat., 1390, 1391; 20 S. E. R., 993; 27 S. C., 110; 17 S. E. R., 600; 26 S. E. R., 696; 18 S. E. R., 232.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This is an action under section 1391 of Revised Statutes, for double the sum alleged to have been received of plaintiff by the defendant association in excess of lawful interest. The jury found a verdict in favor of plaintiff for $2,864.50, and from the judgment entered thereon the defendant, Tobin, as receiver of the defendant association, appeals on the ground that the Circuit Court erred in refusing his motion for nonsuit. The defendant, Tobin, as receiver, in his answer, after a general denial, set up as a defense, that “the…
2Cited by11 opinions
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