Legal Opinion

Rosenthal's Bootery, Inc. v. Shavitz

Court of Appeals of North Carolina

Decided August 5, 1980No. 8021SC137PublishedCited by 5 opinions

1Opinion of the Court

HEDRICK, Judge.

The ultimate issue presented by this case is whether the loan in question was usurious. Resolution of this issue depends on whether the loan was made on or before 2 July 1969 since the statute governing interest rates on commercial loans, G.S. § 24-8, was amended effective 2 July 1969. Prior to the effective date of the amendment, the legal interest rate on loans of $30,000 or more to corporations stood at eight percent. The uncontroverted evidence of record before us is that this loan bore interest at the rate of nine percent. Thus, the case can be resolved only by determining…

2Cases cited3 opinions

  1. Kessing v. National Mortgage CorporationSupreme Court of North Carolina · 1971
  2. Heating & Air Conditioning Associates, Inc. v. MyerlyCourt of Appeals of North Carolina · 1976
  3. Jones v. MurdockCourt of Appeals of North Carolina · 1974

3Cited by5 opinions

  1. Small v. SmallCourt of Appeals of North Carolina · 1992
  2. DiIaconi v. New Cal Corp.New Mexico Court of Appeals · 1982
  3. DiIaconi v. New Cal Corp.New Mexico Court of Appeals · 1982
  4. Velasquez v. RallsCourt of Appeals of North Carolina · 2008
  5. Velasquez v. RallsCourt of Appeals of North Carolina · 2008

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