Stedman Qui Tam v. Bland
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Chatham County at Spring Term 1844, his Honor Judge Dick presiding. This was an action of debt qui tarn &c. on the Statute of Usury.
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Appeal from the Superior Court of Law of Chatham County at Spring Term 1844, his Honor Judge Dick presiding. This was an action of debt qui tarn &c. on the Statute of Usury. The plaintiff proved by H. H. Yeargain that, on the 22d of Febuary 1839, he Yeargain, borrowed from the defendant fifty dollars, and gave his bond for one hundred and five dollars, payable twelve months after date ; that on the- 23d of Febuary, 1839, he borrowed two hundred and twenty five dollars from the defendant and gave his bond payable to the defendant for two hundred and fifty dollars payable twelve months…
1Opinion of the CourtNash, J.
Several questions of law were made during the trial, and several objections taken to the Judge’s charge. We do not deem it necessary to notice any of them; for, if his'Honor did commit an error in his directions to the jury, it would do the plaintiff no good to grant him a new trial. Upon the case, as it appears before us, it is obvious he cannot recover. The simple statement is, that the defendant loaned to Yeargain at different times $482, upon which large usurious interest was reserved, but that he has’actually received no more than $400 in return. So far from exacting usurious interest,…
2Cited by3 opinions
- Louisville Trust Co. v. Kentucky Nat. BankU.S. Circuit Court for the District of Kentucky · 1898
- Rushing v. Bivens.Supreme Court of North Carolina · 1903
- Ragan v. . StephensSupreme Court of North Carolina · 1919