English Lumber Co. v. Wachovia Bank & Trust Co.
Supreme Court of North Carolina
Appeal by defendants from Bay, J., at tbe July Term, 1920, of BuNoombe. Tbis is an action to recover tbe penalty for usurious interests alleged to bave been paid by tbe plaintiff to tbe defendant. Tbe defendant denied tbat usury was charged or paid, and pleaded tbe statute of limitations.
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Appeal by defendants from Bay, J., at tbe July Term, 1920, of BuNoombe. Tbis is an action to recover tbe penalty for usurious interests alleged to bave been paid by tbe plaintiff to tbe defendant. Tbe defendant denied tbat usury was charged or paid, and pleaded tbe statute of limitations. A reference was ordered,'and upon tbe report being made, wbicb was in favor of tbe defendant, exceptions were filed by tbe plaintiff, and upon tbe bearing tbe material findings of fact and conclusions of law of tbe referee were reversed, additional findings made by tbe court, and judgment rendered in favor…
1DissentBrown, J.
This is an action to recover the penalty for usurious interests alleged to have been paid by the plaintiff to the defendant.
The defendant denied that usury was charged or paid, and pleaded the statute of limitations.
A reference was ordered, and upon the report being made, which was in favor of the defendant, exceptions were filed by the plaintiff, and upon the hearing the material findings of fact and conclusions of law of the referee were reversed, additional findings made by the court, and judgment rendered in favor of the plaintiff, and the defendant excepted and appealed.
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2Cases cited7 opinions
- Stokes v. . TaylorSupreme Court of North Carolina · 1889
- Planters National Bank of Virginia v. Wysong & Miles Co.Supreme Court of North Carolina · 1919
- Arrington v. . GoodrichSupreme Court of North Carolina · 1886
- Slover v. Union BankTennessee Supreme Court · 1905
- Hollingsworth v. . AllenSupreme Court of North Carolina · 1918
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3Cited by5 opinions
- Ripple v. Mortgage & Acceptance Corp.Supreme Court of North Carolina · 1927
- Marshall Motor Co. v. Universal Credit Co.Supreme Court of North Carolina · 1941
- Grundel v. Bank of CraigMissouri Court of Appeals · 1974
- Stewart v. Boone County Trust Co.Missouri Court of Appeals · 1935
- McCubbins v. Virginia Trust Co.Court of Appeals for the Fourth Circuit · 1936