Hill v. . Lindsay

While the record is voluminous, only two material questions are presented by this appeal.

1. Is the plaintiffs’ cause of action for usury barred by the statute of limitations ?

2. Are the plaintiffs prevented from pleading usury by reason of the execution of a new note for the balance due on previous transactions involving usury?

The parties having waived jury trial and consented that the court should find the facts, his findings, if supported by evidence, are conclusive. Od um v. Palmer, 209 N. C., 93; Buchanan v. Clark, 164 N. C., 56.

I. It is not controverted that the transactions between the…