Nolen v. Family Loan Co.

James Nolen sued Family Loan Company, a corporation, before a justice of the peace of Davidson county for $70, and averred in the warrant that defendant had exacted that sum from him “under the guise of a fee for investigating the moral and financial standing of plaintiff, the security, titles, etc., and other expenses incident to the loan;” but that said sum was, in fact and in law, “usurious interest.”

The justice of the peace gave judgment for the plaintiff and against the defendant for $45 and costs of suit, and the defendant appealed to the circuit court of Davidson county, where the case…