Manning v. . Elliott Bros.
Supreme Court of North Carolina
MOTION to continue a restraining order until the hearing,, made before Shepherd, Judge, at Spring Term, 1884, of Pitt Superior Court. The plaintiff alleged in his complaint, that on January 17th,, 1883, he borrowed of the defendants the sum of $2,000, and executed to them a bond signed by himself and his wife, payable-on the 1st day of December, 1883, with interest at six per cent.
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MOTION to continue a restraining order until the hearing,, made before Shepherd, Judge, at Spring Term, 1884, of Pitt Superior Court. The plaintiff alleged in his complaint, that on January 17th,, 1883, he borrowed of the defendants the sum of $2,000, and executed to them a bond signed by himself and his wife, payable-on the 1st day of December, 1883, with interest at six per cent. That to secure the payment of this bond, plaintiff and his wife executed a mortgage to J. P. Elliott, as trustee, on his farm in Pitt county. That as part of the consideration for the loan, the defendants (who were…
1Opinion of the CourtMereimoN, J.
We cannot hesitate to affirm the judgment of the court below. It manifestly granted all that the plaintiff could in conscience ask, and, perhaps, more than in strictness he was entitled to have.
If it be granted that the several things agreed to be done were all essential parts of the same contract, as alleged in the complaint, (and this is by no means certain), and that the contract was in any aspect of it usurious, nevertheless, every usurious feature of it was abandoned and surrendered by the defendants, and the court simply allowed them the money due them and the lawful interest thereon.
The…
2Cases cited1 opinion
- Bridgers v. W. H. Morris & SonsSupreme Court of North Carolina · 1884
3Cited by12 opinions
- Jones v. . WilliamsSupreme Court of North Carolina · 1911
- Atkinson v. Washington & Jefferson CollegeWest Virginia Supreme Court · 1903
- Arrington v. . GoodrichSupreme Court of North Carolina · 1886
- Gore v. . LewisSupreme Court of North Carolina · 1891
- Cook v. . PattersonSupreme Court of North Carolina · 1889
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