Smith v. Old Dominion Building & Loan Ass'n
Supreme Court of North Carolina
Civil aotioN, tried before Starbuok, The plaintiff excepted to his Honor’s conclusions of law upon the facts found by him, and to his judgment thereon, as follows, to-wit : “ 1. For that he finds as a fact that plaintiff paid defendant $20 by way of fines within two years, but does not allow a double recovery therefor. “ 2. For that the conclusion of law that plaintiff is indebted to defendant in the sum of $11.05 is erroneous.
Read the full summary
Civil aotioN, tried before Starbuok, The plaintiff excepted to his Honor’s conclusions of law upon the facts found by him, and to his judgment thereon, as follows, to-wit : “ 1. For that he finds as a fact that plaintiff paid defendant $20 by way of fines within two years, but does not allow a double recovery therefor. “ 2. For that the conclusion of law that plaintiff is indebted to defendant in the sum of $11.05 is erroneous. “ 3. For that his Honor found that there was no tender, whereas the facts found by his Honor show the contrary.” The plaintiff also contended : (1) That the defendant…
1Opinion of the Court
OlaeK, J.:
The first and second exceptions of the plaintiff are sustained. The ruling complained of was doubtless a mere inadvertence of the court. The $20 collected as “ fines ” was simply usurious interest. “ A penalty or fine for non-payment of money is interest.” Meroney v. B. & L. A., 116 N. C., 882 (on page 922); Mills v. B. & L. A., 75 N. C., 292 ; Rowlands. B. & L. A., 116 N. C., 877.
Third exception : When the wife mortgages her separate property to secure a debt of the husband,' the relation she sustains to the transaction, in reference to said property, is that of surety. Hinton v.…
2Cases cited13 opinions
- President of the Bank of the United States v. President of the Bank of GeorgiaSupreme Court of the United States · 1825
- Meroney v. Atlanta Building & Loan Ass'nSupreme Court of North Carolina · 1895
- Bradford v. FosterTennessee Supreme Court · 1888
- Gore v. . TownsendSupreme Court of North Carolina · 1890
- Mills v. Salisbury Building & Loan Ass'nSupreme Court of North Carolina · 1876
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Planters National Bank of Virginia v. Wysong & Miles Co.Supreme Court of North Carolina · 1919
- Harrington v. Rawls.Supreme Court of North Carolina · 1902
- Hancammon v. . CarrSupreme Court of North Carolina · 1948
- Blalock v. Clark.Supreme Court of North Carolina · 1904
- Dr. Shoop Family Medicine Co. v. DavenportSupreme Court of North Carolina · 1913
21 more not listed; retrieve them via the Exa API.