Legal Opinion

All v. British American Mortgage Co., Ltd.

Supreme Court of South Carolina

Decided April 13, 1916No. 9377PublishedCited by 1 opinion

Before Maurdin, J., Bamberg, March, 1915. Action by T. Gertrude All and her husband against the British and American Mortgage Company, Limited. Defendant moved for a change of venue, and from an order denying its motion, it appealed. cite: As to nature of action: 62 S. C. 176; 72 S. C. 364. Venue: Code Civil Proc., secs. 173, 461. Cause of action: 5 A. &. E. Enc. of Law (2d ed.) 773; Pom.

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Before Maurdin, J., Bamberg, March, 1915. Action by T. Gertrude All and her husband against the British and American Mortgage Company, Limited. Defendant moved for a change of venue, and from an order denying its motion, it appealed. cite: As to nature of action: 62 S. C. 176; 72 S. C. 364. Venue: Code Civil Proc., secs. 173, 461. Cause of action: 5 A. &. E. Enc. of Law (2d ed.) 773; Pom. Rem. 493, 519; Phillips Code Pleading, secs. 30 and 31; Bryant Code Pleading, sec. 132; 6 Cyc. 705; 18-S. C. 469; 55 S. C. 546. Agency: 83 S. C. 525; 38 S. C. 183; 19 L. R. A. (N. S.) 391. Code imperative as…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

1, 2 Plaintiffs brought this action in the Circuit Court for the county of Bamberg to recover the penalty provided by statute (section 2519, vol. I, Code of 1912) for receiving usurious interest on a contract for the lending of money. Defendant is a foreign corporation. Plaintiffs reside in Barnwell county. The loan was made in Barn-well county, through agents residing there, who are alleged to have been the agents of defendant in its business of lending money, and it was secured by mortgage of real estate situate in Barnwell…

2Cases cited2 opinions

  1. Elms v. Southern Power Co.Supreme Court of South Carolina · 1907
  2. Curnow v. Phœnix InsuranceSupreme Court of South Carolina · 1892

3Cited by1 opinion

  1. Flythe v. . WilsonSupreme Court of North Carolina · 1947

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