Legal Opinion

Plyler v. McGee

Supreme Court of South Carolina

Decided March 26, 1907PublishedCited by 2 opinions

Before Aldrich, J., Greenville, March, 1906. Action by Mary T. Plyler against B. M.' McGee. From judgment for plaintiff, defendant appeals. cites: Collection of ■usurious interest through mistake is not usury: 68 S. C., 110; Bailey v. Mitchell, 57 S. C.; 51 S. C., 550; 73 S. C., 363; 37 Ency., 971; 1 Bail., 505. To constitute usury the interest must be taken on a contract made when money is loaned: 39 Ency., 453, 481, 483; Webb on Usury, secs. 18, 30; 37 Ency., 996; 4 N. Y.,…

Read the full summary

Before Aldrich, J., Greenville, March, 1906. Action by Mary T. Plyler against B. M.' McGee. From judgment for plaintiff, defendant appeals. cites: Collection of ■usurious interest through mistake is not usury: 68 S. C., 110; Bailey v. Mitchell, 57 S. C.; 51 S. C., 550; 73 S. C., 363; 37 Ency., 971; 1 Bail., 505. To constitute usury the interest must be taken on a contract made when money is loaned: 39 Ency., 453, 481, 483; Webb on Usury, secs. 18, 30; 37 Ency., 996; 4 N. Y., 363; 4 Pet., 305. Penalties must be strictly construed: 13 Ency., 55; 101 U. S., 188; 3 Hill, 96; 36 S. C., 390. If…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

This action was brought under' the usury statute to recover seven hundred and forty-two dollars and'- seventy-two cents, double the amount of all interest paid on a note of which the following is a copy:

“$700.00. Greenville, S. C., Nov. 25th, 1898.

On December 1st, 1899, after date, we or either of. us, I promise to pay to the order of B. M. McGee, and payable át Greenville, S. C., without offset, the sum of seven hundred no-100 dollars, for value received. Interest after maturity at the rate of eight per cent, per annum until paid,…

2Cases cited4 opinions

  1. Carolina Savings Bank v. ParrottSupreme Court of South Carolina · 1888
  2. Rushton v. WoodhamSupreme Court of South Carolina · 1904
  3. Ehrhardt v. VarnSupreme Court of South Carolina · 1898
  4. Mitchell v. BaileySupreme Court of South Carolina · 1900

3Cited by2 opinions

  1. Tate v. LenhardtSupreme Court of South Carolina · 1818
  2. Teshner v. RoomeOregon Supreme Court · 1922

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API