Ervin v. First National Bank
Supreme Court of North Carolina
Appeal by plaintiff from Lyon, J., at August Term, 1912, of Caldwell. Tbis is an action against tbe First National Bank of Lenoir, to recover usury alleged to bave been paid, and to ascertain tbe amount due fronrtbe plaintiff to tbe defendant, or from tbe defendant to' tbe plaintiff. Tbe defendant denied that it had charged or received usury, and démanded judgment for the balance alleged to he due it.
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Appeal by plaintiff from Lyon, J., at August Term, 1912, of Caldwell. Tbis is an action against tbe First National Bank of Lenoir, to recover usury alleged to bave been paid, and to ascertain tbe amount due fronrtbe plaintiff to tbe defendant, or from tbe defendant to' tbe plaintiff. Tbe defendant denied that it had charged or received usury, and démanded judgment for the balance alleged to he due it. The allegatiop in the complaint as to payments made hy the plaintiff is as follows: “5. That from the time that plaintiff began to pay 8 per cent interest in 1907, or from 1 January, 1908, to 11…
1Opinion of the CourtAllen, J.
No question is raised by this appeal except as to the effect of the payment of $146.75, and as to that there is no allegation of usury, nor is there any demand in the complaint for the recovery of double this amount, the penalty prescribed by statute for receiving usurious interest.
In the complaint, the plaintiff charges that, from 1 January, 1908, to 11 November, 1910, he paid $684, “the same being usu rious, unlawful, and forbidden by law,” and lie demands tbat be be credited witb double tbat amount, and tbis is tbe only allegation of usurious payments.
Tbe item of $146.75 cannot be a part…
2Cases cited4 opinions
- Brown v. Marion National BankSupreme Court of the United States · 1898
- Haseltine v. Central Bank of SpringfieldSupreme Court of the United States · 1901
- Smith v. Old Dominion Building & Loan Ass'nSupreme Court of North Carolina · 1896
- Lake Benton First National Bank v. WattSupreme Court of the United States · 1902
3Cited by7 opinions
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- Hill v. . LindsaySupreme Court of North Carolina · 1936
- Ector v. OsborneSupreme Court of North Carolina · 1920
- Ector v. . OsborneSupreme Court of North Carolina · 1920
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