Rushing v. Bivens.
Supreme Court of North Carolina
Action by B. Rushing against T. E. Bivens, heard by Judge W. S. O’B. Robinson and a jury, at October Term, 1902, of the Superior Court of Union County. issues. 1. Did the defendant charge the $20 as usury ? Answer: “Yes.” 2. Has the plaintiff paid the debt due the defendant? Answer: “Yes.” 3. What amount, if any, is the plaintiff entitled to recover ? Answer: “$40.00.” Erom a judgment for the plaintiff, the defendant appealed.
1Opinion of the CourtConnor, J.
This is an action brought before a justice of the peace “for the non-payment of $60 and interest, and for the relief demanded in the complaint, due by debt for usurious interest charged, taken and received from plaintiff by defendant.” The justice rendered judgment for the plaintiff for the sum of $66 based upon the finding of fact that the defendant “charged, took and received from the plaintiff usury in the amount of $28.” The defendant appealed. The jury upon issues submitted in the Superior Court found that the defendant charged the plaintiff $20 usury; that the “plaintiff paid the debt…
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