Legal Opinion

Monk v. . Goldstein

Supreme Court of North Carolina

Decided November 15, 1916PublishedCited by 8 opinions

Civil actioh tried before Webb, J., and a jury at August Term, 1916, of GttilfoRd. Plaintiff sued, under Revisal, sec. 1951, for $80, double tbe amount of usurious interest paid by him to defendant. He alleged and testified that he wanted to buy a Ford ear for $580, and, not having the money to pay for it, he applied to the defendant for a loan of the amount, and he agreed to lend him the money upon a mortgage of the automobile and a lot.

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Civil actioh tried before Webb, J., and a jury at August Term, 1916, of GttilfoRd. Plaintiff sued, under Revisal, sec. 1951, for $80, double tbe amount of usurious interest paid by him to defendant. He alleged and testified that he wanted to buy a Ford ear for $580, and, not having the money to pay for it, he applied to the defendant for a loan of the amount, and he agreed to lend him the money upon a mortgage of the automobile and a lot. When asked by plaintiff what he would charge for the money, defendant replied that “he could not turn so small a deal for less than 20 per cent, and…

1Opinion of the Court

WalKer, J.,

after stating the case: The test of usury is that there should be a contract for the forbearance of an existing indebtedness or a loan of money. Struthers v. Drexel, 122 U. S., 487; 29 Am. and Eng. Enc., p. 464, sec. 4, and note 5; Smithwick v. Whitley, 152 N. C., 366; or, as otherwise expressed, a profit greater than the lawful rate of interest, intentionally exacted as a bonus for the loan of money, imposed upon the necessities of the borrower in a transaction where the treaty is for a loan and the money is to be returned at all events, which is a violation of the usury laws, it…

2Cases cited9 opinions

  1. Bank of the United States v. Waggener and OthersSupreme Court of the United States · 1835
  2. Kornegay v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
  3. Doster v. . EnglishSupreme Court of North Carolina · 1910
  4. Aman v. Rowland Lumber Co.Supreme Court of North Carolina · 1912
  5. Revis v. City of RaleighSupreme Court of North Carolina · 1909

4 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Ripple v. Mortgage & Acceptance Corp.Supreme Court of North Carolina · 1927
  2. Bell v. Idaho Finance Co.Idaho Supreme Court · 1953
  3. Aman v. . Lumber Co.Supreme Court of North Carolina · 1912
  4. Associated Stores, Inc. v. Industrial Loan & Investment Co.District Court, E.D. North Carolina · 1962
  5. Swamp Loan & Trust Co. v. YokleySupreme Court of North Carolina · 1917

3 more not listed; retrieve them via the Exa API.

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