Burnett v. Dunn Commission & Supply Co.
Supreme Court of North Carolina
Civil actioN, tried on appeal from the recorder’s court of Dunn, N. 0., before Bond, J., and 9. jury, at February .Term, 1920, of HaRNEtt. Tbe action was instituted to recover $317, alleged to be due plaintiff for money bad and received for usurious interest, collected by defendant of plaintiff, and damages on account of illegal sale of land under a mortgage. There was denial of liability by defendant.
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Civil actioN, tried on appeal from the recorder’s court of Dunn, N. 0., before Bond, J., and 9. jury, at February .Term, 1920, of HaRNEtt. Tbe action was instituted to recover $317, alleged to be due plaintiff for money bad and received for usurious interest, collected by defendant of plaintiff, and damages on account of illegal sale of land under a mortgage. There was denial of liability by defendant. On the hearing there was evidence for plaintiff tending to show the taking of usurious interest from plaintiff; evidence contra by defendant. There was also evidence of.plaintiff tending to…
1Opinion of the CourtHoke, J.
Under the charge of his Honor, the jury have necessarily found that, prior to the sale, the mortgage had been satisfied, and, this being true, the attempted sale thereunder was invalid. Blake v. Broughton, 107 N. C., 220; 27 Cyc., 1396. In such case it was open to plaintiff to ratify the sale and accept the proceeds, or settle on that basis; or he could maintain an action to set the sale aside, assuredly so as against defendant, and one purchasing with notice; or, acting in repudiation of the sale, he could sue the trustee or mortgagee for the wrong done in making such á sale, and hold him…
2Cases cited8 opinions
- Froneberger v. . LewisSupreme Court of North Carolina · 1878
- Rogers v. BarnesMassachusetts Supreme Judicial Court · 1897
- Warren v. . SusmanSupreme Court of North Carolina · 1915
- Austin v. . StewartSupreme Court of North Carolina · 1900
- Blake v. . BroughtonSupreme Court of North Carolina · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Dobias v. WhiteSupreme Court of North Carolina · 1954
- Harper v. Interstate Brewery Co.Oregon Supreme Court · 1941
- National Life Insurance Company, a Corporation v. Jerome Silverman, Carroll Arms Associates, a District of Columbia Limited Partnership v. National Life Insurance Company, a Vermont Corporation, A/K/A National Life of VermontCourt of Appeals for the D.C. Circuit · 1971
- Peterson v. Kansas City Life InsuranceSupreme Court of Missouri · 1936
- Smith v. Greensboro Joint Stock Land BankSupreme Court of North Carolina · 1938
13 more not listed; retrieve them via the Exa API.