Bennett v. Best.
Supreme Court of North Carolina
ActioN for tbe foreclosure of a mortgage by R. D. Bennett, executor of E. J. Bennett, against W. R. Best and wife, heard by Judge James L. Webb ,and a jury, at the February Term, 1906, of the Superior Court o-f DupliN. Defendants set up as a defense usury in the note secured by the mortgage.
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ActioN for tbe foreclosure of a mortgage by R. D. Bennett, executor of E. J. Bennett, against W. R. Best and wife, heard by Judge James L. Webb ,and a jury, at the February Term, 1906, of the Superior Court o-f DupliN. Defendants set up as a defense usury in the note secured by the mortgage. Issues were submitted to the jury and answered as follows: “1. Has plaintiff or plaintiff’s intestate charged, taken, reserved, or received from the defendant, knowingly, interest at a greater rate than 8 per cent, per annum on the debt sued upon in this action? Answer: No. “2. Did Francis 0. Best sign…
1Opinion of the Court
BbowN, L,
after stating the case: "We agree with the learned counsel for the plaintiff that the mere fact that the amount received by the debtor is less than the apparent, principal of the debt, and that treating the amount thus received as the true principal would render the transaction usurious, will not alone constitute proof of usury. Jones v. Gibson, 113 Ga., 32; Tallman v. Sprague, 18 N. Y. Sup., 207. In order to establish usury, the jury must be satisfied by a clear preponderance of proof, not only that the debtor has paid more than the legal rate of interest, but that the creditor at…
2Cases cited2 opinions
- Bunn v. . ToddSupreme Court of North Carolina · 1890
- Sutton v. . WaltersSupreme Court of North Carolina · 1896
3Cited by6 opinions
- Doster v. . EnglishSupreme Court of North Carolina · 1910
- Fidelity Bank v. Wysong & Miles Co.Supreme Court of North Carolina · 1919
- Monk v. . GoldsteinSupreme Court of North Carolina · 1916
- Elks v. . HembySupreme Court of North Carolina · 1912
- Bank v. . Wysong Miles Co.Supreme Court of North Carolina · 1919
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