Legal Opinion

Moore v. . Cameron

Supreme Court of North Carolina

Decided October 5, 1885PublishedCited by 19 opinions

Pleading— Contract — Interest— Usury — Penalty. This was a civil ACTION tried before Craves, Judge — a trial by jury having been waived — at Spring Term, 1885, of the Superior Court of Halifax: county.

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Pleading— Contract — Interest— Usury — Penalty. This was a civil ACTION tried before Craves, Judge — a trial by jury having been waived — at Spring Term, 1885, of the Superior Court of Halifax: county. This action is for an account of the trust funds received by the defendant Peebles, upon a-sale by him as trustee of land conveyed by plaintiffs, Muugo P. Purnell and wife Mary, to secure an indebtedness due to Mildred C. Cameron, intestate of the defendant Paul C. Cameron, and to recover an alleged excess above the sum necessary therefor, by the plaintiffs, Angelo Garibaldi, assignee, and the…

1Opinion of the CourtSmith, C. J.

(after stating the facts). The controversy is as to the disposition of the moneys produced by the trustee’s sale of the encumbered, land in excess of what is required to discharge the principal sum loaned and interest at the stipulated rate accrued to the sale and receipt of the purchase money.

The defendants contended that, by the terms of the contract as expressed in the larger bond and more explicitly in the deed, each one of the bonds, those representing future interest as well as the other, became due and is to be paid out of the fund.

The plaintiffs insist upon their right to have the…

2Cases cited3 opinions

  1. Jones v. . MialSupreme Court of North Carolina · 1880
  2. State v. . VoightSupreme Court of North Carolina · 1884
  3. Cheatham v. . HawkinsSupreme Court of North Carolina · 1879

3Cited by19 opinions

  1. Walker v. Temple Trust Co.Texas Supreme Court · 1935
  2. Clement Mortgage Co. v. JohnstonSupreme Court of Oklahoma · 1921
  3. Ruby v. WarriorSupreme Court of Oklahoma · 1918
  4. Garland v. Union Trust Co.Supreme Court of Oklahoma · 1917
  5. Hood v. . SudderthSupreme Court of North Carolina · 1892

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