Arrington v. . Goodrich
Supreme Court of North Carolina
This was a civil action, tried before Shepherd, Judge, ut Spring Term, 1886, of Halifax Superior Court. The defendants, John Goodrich and wife Elizabeth, on the 31st day of January, 1873, by mortgage deed conveyed certain lands and personal property therein specified, to the plaintiff, John Beavans, to secure a loan of money, not exceeding $3,200 in amount, and to be advanced during the month of February, with condition to be void if the said sum, with interest at eight per…
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This was a civil action, tried before Shepherd, Judge, ut Spring Term, 1886, of Halifax Superior Court. The defendants, John Goodrich and wife Elizabeth, on the 31st day of January, 1873, by mortgage deed conveyed certain lands and personal property therein specified, to the plaintiff, John Beavans, to secure a loan of money, not exceeding $3,200 in amount, and to be advanced during the month of February, with condition to be void if the said sum, with interest at eight per cent, per annum, was paid on or before the 1st day of February of the next year. The note of the mortgagor for that…
1Opinion of the CourtSmith, C. J.
(after stating the case). The exceptions of Jenkins will be first considered.
Exception I. It was competent for the debtor to show that usurious interest entered into the consideration, and constitutes part of the amount for which the notes were given. It was to an inquiry made to ascertain the tainting presence of this illegality in the security, to which we understand the objection is directed. It cannot he necessary to cite authority in support of this proposition.
Excqotion II. The commissioners report that for money loaned in the form of advances, in most of the items a charge of 2J per…
2Cases cited3 opinions
- Cockle v. FlackSupreme Court of the United States · 1877
- Matthews v. . CoeNew York Court of Appeals · 1877
- Manning v. . Elliott Bros.Supreme Court of North Carolina · 1885
3Cited by18 opinions
- Henderson v. SECURITY MORTAGAGE AND FINANCE CO.Supreme Court of North Carolina · 1968
- Fidelity Bank v. Wysong & Miles Co.Supreme Court of North Carolina · 1919
- Moore v. . BeamanSupreme Court of North Carolina · 1893
- Turner v. . BogerSupreme Court of North Carolina · 1900
- Charles A. Riley Co. v. W. T. Sears & Co.Supreme Court of North Carolina · 1911
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