Moore v. . Beaman
Supreme Court of North Carolina
Petition to reliear the case decided at September Term, 1892, of this Court, and reported in 111 N. C., 328. The petition was as follows : “ The plaintiff, Thomas Moore, respectfully asks the Court for a rehearing upon the following grounds: “ 1. The Court seems to have overlooked the cases of Webb v. Bishop, 101 N. C., 99, and of Hughes v. Boone, 102 N. C., 137, in both of which cases it is held that under contracts entered into under the statute of 1866 legal interest may…
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Petition to reliear the case decided at September Term, 1892, of this Court, and reported in 111 N. C., 328. The petition was as follows : “ The plaintiff, Thomas Moore, respectfully asks the Court for a rehearing upon the following grounds: “ 1. The Court seems to have overlooked the cases of Webb v. Bishop, 101 N. C., 99, and of Hughes v. Boone, 102 N. C., 137, in both of which cases it is held that under contracts entered into under the statute of 1866 legal interest may be recovered notwithstanding usurious interest may have been charged. “2. The Court seems to have overlooked the…
1Opinion of the Court
Clark, J.:
This is a petition to.rehear this case decided 111 N. C., 328. The statute provides (The Code, §3836), “The taking, receding, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, or other evidence of debt, carries with it, or which has been agreed to be paid thereon.” This is clear, plain and explicit. There is no doubt of the meaning of the law-making power nor of its authority to make the enactment. Nor is it questioned that the plaintiff in this case did…
2Cases cited11 opinions
- Hughes v. . BooneSupreme Court of North Carolina · 1889
- Arrington v. . GoodrichSupreme Court of North Carolina · 1886
- Gore v. . LewisSupreme Court of North Carolina · 1891
- Ballinger v. . EdwardsSupreme Court of North Carolina · 1847
- Hudson v. . JordanSupreme Court of North Carolina · 1892
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Kessing v. National Mortgage CorporationSupreme Court of North Carolina · 1971
- Ward v. . SuggSupreme Court of North Carolina · 1893
- DeBruhl v. State Highway & Public Works CommissionSupreme Court of North Carolina · 1958
- Smith v. Old Dominion Building & Loan Ass'nSupreme Court of North Carolina · 1896
- Churchill v. . TurnageSupreme Court of North Carolina · 1898
14 more not listed; retrieve them via the Exa API.