Owens v. Wright
Supreme Court of North Carolina
Appeal by plaintiffs from Whedbee, J., at July Special Term, 1912, of Durham. Civil action. The complaint sets out two causes of action: (1) To recover damages for breach of contract in regard to the sale of a stock of goods; (2) to restrain the sale of plaintiffs’ real estate under the power of sale, contained in a deed in trust from plaintiffs to H. A. Eoushee, trastee, securing a note for $4,000, bearing interest from maturity, due twelve months after date, dated 31…
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Appeal by plaintiffs from Whedbee, J., at July Special Term, 1912, of Durham. Civil action. The complaint sets out two causes of action: (1) To recover damages for breach of contract in regard to the sale of a stock of goods; (2) to restrain the sale of plaintiffs’ real estate under the power of sale, contained in a deed in trust from plaintiffs to H. A. Eoushee, trastee, securing a note for $4,000, bearing interest from maturity, due twelve months after date, dated 31 August, 1909, payable by J. Henry Smith Com-¡Dany, a corporation, and J. E. and Emma D. Owens to J. Henry Smith and indorsed…
1Concurrence
Clare:, 0. J.,
concurring in the dissent of Walker, J.: Ee-visal, 1951, provides that “taking or charging a greater rate of interest than 6 per cent per annum, either before or after the interest may accrue, when knowingly done, shall be a forfeiture of the entire interest which the note or other evidence of debt carries with it, or which has been agreed to be paid thereon. And in case a greater rate of interest has been paid, the person or his legal representatives or corporation by whom it has been paid may recover back twice the amount of interest paid.”
This statute makes no suggestion that…
2Cases cited2 opinions
- Churchill v. . TurnageSupreme Court of North Carolina · 1898
- Cheek v. Iron Bert Building & Loan Ass'nSupreme Court of North Carolina · 1900