Legal Opinion

Osborne v. Fuller

Supreme Court of South Carolina

Decided August 26, 1912No. 8304Published

Before Gage, J., Laurens, November term, 1911. Action by W. R. Osborne against A. P. Fuller. Defendant appeals. cites: Plea of usury: 37 Ency. 1043, 1046. When creditor may apply payments and not be usury: 68 S. C. 115; 77 S. C. 141; 3 McC. 173; 30 S. C. 134; 74 S. C. 371. Expenses of making loan not to be included: 37 Ency. 1013; 18 Blatchf. 507; 83 S. C. 534; 39 Cyc. 983. Nor commissions for selling goods: 33 S. C. 367; 11 Barb. 80. Action should have been for accounting…

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Before Gage, J., Laurens, November term, 1911. Action by W. R. Osborne against A. P. Fuller. Defendant appeals. cites: Plea of usury: 37 Ency. 1043, 1046. When creditor may apply payments and not be usury: 68 S. C. 115; 77 S. C. 141; 3 McC. 173; 30 S. C. 134; 74 S. C. 371. Expenses of making loan not to be included: 37 Ency. 1013; 18 Blatchf. 507; 83 S. C. 534; 39 Cyc. 983. Nor commissions for selling goods: 33 S. C. 367; 11 Barb. 80. Action should have been for accounting under mortgage on crop: 30 S. C. 514, 17; 34 S. C. 169; 49 S. C. 433; 43 S. C. 187; 47 S. C. 143. To make out usury there…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice AVoods.

In this action to recover $952.12, double the amount of alleged usurious interest collected from the plaintiff by the defendant, the jury found a verdict in favor of the plaintiff for $231.50. The defendant appeals, assigning error in refusing a nonsuit, in giving certain instructions to the jury, and in refusing to order a new trial.

1 Osborne, the plaintiff, was a tenant of Fuller, the defendant, for the year 1910, cultivating a five-horse farm. Fuller paid the balances on mortgages due by Osborne and agreed to make advances to him…

2Cases cited4 opinions

  1. Pope v. MarshallSupreme Court of Georgia · 1887
  2. Meyer Bros. v. CookSupreme Court of Alabama · 1888
  3. Milford v. MilfordSupreme Court of South Carolina · 1903
  4. People's Bank v. JacksonSupreme Court of South Carolina · 1895

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