Legal Opinion

Cooke v. Young

Supreme Court of South Carolina

Decided July 7, 1911No. 7946PublishedCited by 4 opinions

Before W. B. Gruber, Special Judge, Spartanburg, March, 1911. Action by A. B. Cooke against W. F. Young, as administrator of S. T. Poineer. Plaintiff appeals. cites: Code 1902, 1662, 16'6'3; 76 S. C. 450 ; 51 S. C. 550; 72 S. C. 366; 57 S. C. 345; 2 Rich. 73; 1 S. C. 156; 30 S. C. 68; 77 S. C. 145; 82 S. C. 499; 23 L. R. A., N. S. 403; 33 L. R. A. 231; 22 S. E. 516; 90 N. Y. 442. Oral argument.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Jones.

This action was to recover forfeiture for alleged usury. Jury trial was waived and the case, upon an agreed statement of the facts, was submitted to Hon. W. B. Gruber, presiding as Special Judge, who dismissed the complaint.

On-November 7, 1908, Arthur B. Cooke, the plaintiff, gave Samuel T. Poineer, defendant’s intestate, two notes for $600 each, one due on January 1, 1910, and the other on July 1, 1910, with interest from date at 7 per cent, per annum, secured by a mortgage of real estate in the city of Spartanburg, S. C.

Plainti…

2Cases cited2 opinions

  1. Newton v. WoodleySupreme Court of South Carolina · 1899
  2. Heyward v. WilliamsSupreme Court of South Carolina · 1902

3Cited by4 opinions

  1. State v. Bankers Finance Corp.New York Court of General Session of the Peace · 1942
  2. Blindman v. Industrial Loan & Thrift Corp.Supreme Court of Minnesota · 1936
  3. Barringer v. Jefferson Standard Life Ins. Co.District Court, E.D. South Carolina · 1935
  4. Marley v. Consolidated Mortgage CompanySupreme Court of Rhode Island · 1967

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