Houston Ex Rel. Wordsworth v. Potts
Supreme Court of North Carolina
This was an action of debt under the former system upon a bond in the following words : “Pleasant Valley, S. C. $900. One day after date, we or either of us promise to-pay Jane D. Houston or order nine hundred dollars for value received. As witness our hands and seals. R. C. POTTS, [Seal.] J. M. POTTS, [Seal.”] The defendants plead general issue, usury and fraud.
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This was an action of debt under the former system upon a bond in the following words : “Pleasant Valley, S. C. $900. One day after date, we or either of us promise to-pay Jane D. Houston or order nine hundred dollars for value received. As witness our hands and seals. R. C. POTTS, [Seal.] J. M. POTTS, [Seal.”] The defendants plead general issue, usury and fraud. On the trial at the Fall Term, 1870, of the Superior Court for Mecklenburg County before his Honor Judge Loganr J. M. Potts, R. C. Potts and Jane D. Houston testified as upon the trial of the same cause, which is reported in 64 N. O.…
1Opinion of the CourtPeabson, C. J.
The usury act, Bev. Code, ch. 114, provides, no person shall take more than six per cent, by way of interest.
The Court act, Bev. Code, ch. 31, sec. 90 and 91, provides, all sums of money due by contract shall bear interest, &c., and when a jury shall render a verdict, they shall distinguish the principal from the interest, and the principal sum «hall bear interest until paid. When a judgment is taken by default according to specialty or note filed the clerk shall ascertain the interest due by law, &c.
By force of these statutes, it has been acted upon as law, by the judges, the members of the…
2Cases cited1 opinion
- Houston v. . PottsSupreme Court of North Carolina · 1870
3Cited by5 opinions
- State v. . BazemoreSupreme Court of North Carolina · 1927
- State v. . AustinSupreme Court of North Carolina · 1891
- Willoughby v. . ThreadgillSupreme Court of North Carolina · 1875
- Mitchell v. . MitchellSupreme Court of North Carolina · 1898
- Hawkins v. . HouseSupreme Court of North Carolina · 1871