Burwell v. . Burgwyn
Supreme Court of North Carolina
Civil ACTION, heard before Merrimon, J., at Spring Term, 1887, of the Superior Court of VaNce. The action was brought by the plaintiffs, warehousemen of the town of Henderson, who having become indebted, in sums advanced to them by the defendant, a broker of that town, from time to time, for several years, alleged charges of usurious interest, and demanded that the defendant be enjoined from selling certain real property belonging to the wife of one of the plaintiffs, which…
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Civil ACTION, heard before Merrimon, J., at Spring Term, 1887, of the Superior Court of VaNce. The action was brought by the plaintiffs, warehousemen of the town of Henderson, who having become indebted, in sums advanced to them by the defendant, a broker of that town, from time to time, for several years, alleged charges of usurious interest, and demanded that the defendant be enjoined from selling certain real property belonging to the wife of one of the plaintiffs, which had been mortgaged to the defendant to secure a certain sum, which was alleged to be part of the money charged by the…
1Opinion of the CourtSmith, C. J.
The plaintiffs firm, Burwell Bros. & Co., consisting first of H. H. Burwell, Joseph Burwell and W. B. Boyd, and changed afterwards by the substitution of Walter S. Clark in place of the last named, retaining, however, the partnership name, were, in November, 1882, engaged in the business of warehousing tobacco at Henderson, in this State, and the defendant had then opened a banking house in the name of W. H. S. Burgwyn & Co., and afterwards known as the Bank of Henderson, At the time mentioned, a contract was entered into between the parties, as found by the referee to whom had been referred…
2Cases cited1 opinion
- Cheatham v. . HawkinsSupreme Court of North Carolina · 1879
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- Kawauchi v. TabataHawaii Supreme Court · 1966
- Owens v. WrightSupreme Court of North Carolina · 1912
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