Cheek v. Iron Bert Building & Loan Ass'n

Eueches, J..

This case was here at the last term of the Court, and is reported in 126 N. C., 242, and is bere again on a petition to rebear. It is an action brought, under section 3836 of Tbe Code, for usurious money paid by tbe plaintiff and received by tbe defendant. When it was bere before, tbe principal matter discussed was tbe contract under wbicb tbe money was loaned; tbe plaintiff contending that it meant 6 per cent, and defendant contending that it meant 8 per cent interest. That tbe defendant bad charged tbe plaintiff, in giving him credit on tbe amounts paid by plaintiff, 8 per cent…