Morgan v. First National Bank
Supreme Court of North Carolina
National Banks — Jurisdiction— Usury— Waiver— Variance. Civil Action tried before Philips, Judge, and a jury, at Spring Term, 1885, of Cleveland Superior Court. The facts appear in the opinion. There was a verdict and judgment for the plaintiff, and the defendant appealed.
1Opinion of the CourtSmith, C. J.
The plaintiff’s action, commenced on June 19th, 1882, in the Superior Court of Cleveland County, against the defendant, a corporation formed and doing business as a banking association under the Act of Congress, at Charlotte, in Mecklen-burg County, is to recover double the amount of usurious interest exacted and paid for several years upon loans of money, as set out in the complaint. To these allegations the defendant opposes a direct denial, and also relies upon the defence of the statute of limitations prescribed in the act, which requires the suit to be begun within two years. Banks…
2Cases cited1 opinion
- Claflin v. HousemanSupreme Court of the United States · 1876
3Cited by9 opinions
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- Brown v. HardingSupreme Court of North Carolina · 1915
- Wachovia National Bank v. IrelandSupreme Court of North Carolina · 1898
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