Tate v. Lenhardt
Supreme Court of South Carolina
Before Spain, J., Greenville, Fall term, 1917. Action by Jesse Tate against R. F. Fenhardt and others. Judgment for plaintiffs, and defendants appeal. submit: A right of action for usurious penalty does not survive against the estate of the lender: 58 S. C. 240 ; 62 S. C. 165; vol.
Read the full summary
Before Spain, J., Greenville, Fall term, 1917. Action by Jesse Tate against R. F. Fenhardt and others. Judgment for plaintiffs, and defendants appeal. submit: A right of action for usurious penalty does not survive against the estate of the lender: 58 S. C. 240 ; 62 S. C. 165; vol. I of the Code, sections 3963, 2520 and 2519. Collection of excess of interest by mistake or other error, against the intent of the party, will not support a charge of usury: 68 S.' C. 115; 46 S. C. 943; 104 S. C. 368; 3 Parsons on Contracts 128. If is not usurious to discount, the principal at the rate of 8 per…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
This is an action to recover the penalty prescribed by section 2519, vol. I, Civil Code 1912,'for contracting for and receiving usury. The. attorneys for both sides agreed that there was no dispute in the evidence, and that only issues of law were involved. The case was, therefore, heard by the Court, which gave judgment for plaintiff for $1,666.40, which is double the total sum found to have been received as interest on two notes given by plaintiff to Richard Renhardt, who died intestate January 30, 1912. The defendants, who are…
2Cases cited6 opinions
- City of Florence v. BerrySupreme Court of South Carolina · 1902
- Carolina Savings Bank v. ParrottSupreme Court of South Carolina · 1888
- Newton v. WoodleySupreme Court of South Carolina · 1899
- Heyward v. WilliamsSupreme Court of South Carolina · 1902
- Plyler v. McGeeSupreme Court of South Carolina · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Jones v. GodwinSupreme Court of South Carolina · 1938
- Richbourg's Shoppers Fair, Inc. v. StoneSupreme Court of South Carolina · 1967
- Edwards v. CampbellSupreme Court of South Carolina · 2006
- Rhodus v. GoinsSupreme Court of South Carolina · 1924
- Richbourg's Shoppers Fair, Inc. v. StoneSupreme Court of South Carolina · 1967
1 more not listed; retrieve them via the Exa API.