Roberts v. Life Insurance Co.
Supreme Court of North Carolina
Civil, ACTION, begun on March 11, 1895, by the plaintiff' against the defendant, a "Virginia corporation, to recover for usurious interest paid defendant on a loan of money. The action was tried before Starbuok, J., at October Term,. 1895, of Durham Superior Co-urt.
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Civil, ACTION, begun on March 11, 1895, by the plaintiff' against the defendant, a "Virginia corporation, to recover for usurious interest paid defendant on a loan of money. The action was tried before Starbuok, J., at October Term,. 1895, of Durham Superior Co-urt. The following issue was submitted : “ What amount, if any, is the plaintiff' entitled to recover ? ” J. D. Roberts, the plaintiff, testified as follows: I borrowed $900 from the defendant in May or June, 1891; received $400 on June 3, 1891, then $500 on August 4, 1891; I executed note and mortgage of deed of trust to secure the…
1Opinion
We see no error in this appeal. The question of time for which plaintiff is allowed to recover is decided in plaintiff's appeal — that there was no error in the court's holding that plaintiff could only recover for usurious interest paid within two years next before commencing his action; and the only other question presented by this appeal is as to what amount the plaintiff should recover. A jury trial was waived and the judge found the facts, and his findings of fact can no more be reviewed by this Court than if they had been found by a jury. Walnut v. Wade, 103 U.S., p. 688 (436) We can…
2Cases cited11 opinions
- Matthews v. Fry.Supreme Court of North Carolina · 1906
- Hall v. Southern R. R. Co.Supreme Court of North Carolina · 1908
- Gulledge v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1908
- Smith v. Old Dominion Building & Loan Ass'nSupreme Court of North Carolina · 1896
- Stokes v. . CogdellSupreme Court of North Carolina · 1910
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