Hickman v. Courtney

Betty C. Dickey, Justice.

This is a usury case arising from a loan agreement between Shawn Hickman and Chester J. Courtney. Ms. Hickman sued Mr. Courtney in the Ashley County Circuit Court, alleging that the parties’ loan agreement imposed a usurious rate of interest and requesting appropriate relief. On appeal, Ms. Hickman argues that the trial court’s determination that Mr. Courtney lacked the requisite intent to commit usury is clearly erroneous. We agree, and reverse and remand.

Facts

Mr. Courtney had been a Certified Public Accountant for over forty years and, anticipating retirement,…