Mayfield v. British & American Mortgage Co.
Supreme Court of South Carolina
Before Mauldin, J., Bamberg, March, 1915. Action by Reda K. Mayfield against the British and American Mortgage Company, Limited. From a judgment for plaintiff, defendant appeals. cite: As to when ruling on motion for new trial will be reviewed: 100 S. C. 284; 92 S. C. 425; 72 S. C. 430, 433; 54 S'. C. 141; 71 S. C. 154; 99 S. C. 421; 2 Bail. 35; Bay 272; 3 Strob. 361 and 566. Usury: 8 S. C. Fq. (Bail.) 498, 507; 116 U. S. 98; 9 Pet. 397; 21 N. Y. 219; 25 Iowa 289; 46 Am.
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Before Mauldin, J., Bamberg, March, 1915. Action by Reda K. Mayfield against the British and American Mortgage Company, Limited. From a judgment for plaintiff, defendant appeals. cite: As to when ruling on motion for new trial will be reviewed: 100 S. C. 284; 92 S. C. 425; 72 S. C. 430, 433; 54 S'. C. 141; 71 S. C. 154; 99 S. C. 421; 2 Bail. 35; Bay 272; 3 Strob. 361 and 566. Usury: 8 S. C. Fq. (Bail.) 498, 507; 116 U. S. 98; 9 Pet. 397; 21 N. Y. 219; 25 Iowa 289; 46 Am. St. Rep. 179; 38 S. C. 184; 44 S. C. 94; 49 S. C. 356; 88 S. C. 528. Court will itself determine what is a reasonable…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
This is an action to recover usurious interest paid. While there is much conflict as to the facts, still there ate some things undisputed. The plaintiff and her husband wanted to borrow $20,000 on several tracts of land, a part of it owned by the wife, and a part owned by the husband. It was thought better to make one loan in one name, and the husband conveyed his land to his wife. Application was made to Messrs. Patterson & Son for a loan of $20,000. The application did not say from whom the loan was expected, but Messrs. Patterson…
2Cases cited2 opinions
- American Mortgage Co. v. WoodwardSupreme Court of South Carolina · 1909
- Holley v. StillSupreme Court of South Carolina · 1912
3Cited by14 opinions
- Bjornstad v. PerryIdaho Supreme Court · 1968
- Citizens' Bank v. HeywardSupreme Court of South Carolina · 1925
- Associated Spring Corp. v. Roy F. Wilson & Avnet, Inc.District Court, D. South Carolina · 1976
- Mortgage & Acceptance Corp. v. StewartSupreme Court of South Carolina · 1927
- Bailey v. SmithSupreme Court of South Carolina · 1925
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