Legal Opinion

Preyer v. Parker

Supreme Court of North Carolina

Decided June 15, 1962No. 601PublishedCited by 21 opinions

1Opinion of the CourtSharp, J.

The sole question presented by this appeal is whether the plaintiffs’ evidence establishes as a matter of law that the contract upon which they sued was a usurious transaction.

“In order to constitute a usurious transaction, four requisites must appear: (1) There must be a loan, express or implied; (2) an understanding between the parties that the money lent shall be returned; (3) that for such loan a greater rate of interest than is allowed by law shall be paid or agreed to be paid, as the case may be; and (4) there must exist a corrupt intent to take more than the legal rate for the use of…

2Cases cited4 opinions

  1. Doster v. . EnglishSupreme Court of North Carolina · 1910
  2. Commercial National Bank of Charlotte v. Charlotte Supply Co.Supreme Court of North Carolina · 1946
  3. Kirby v. United States Ex Rel. Crow TribeSupreme Court of the United States · 1922
  4. Rouse v. JonesSupreme Court of North Carolina · 1961

3Cited by21 opinions

  1. Kessing v. National Mortgage CorporationSupreme Court of North Carolina · 1971
  2. Henderson v. SECURITY MORTAGAGE AND FINANCE CO.Supreme Court of North Carolina · 1968
  3. Westminster Homes, Inc. v. Town of Cary Zoning Board of AdjustmentSupreme Court of North Carolina · 2001
  4. Davison v. Duke UniversitySupreme Court of North Carolina · 1973
  5. State v. CookSupreme Court of North Carolina · 1965

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