Legal Opinion

Haanebrink v. Meyer

Court of Appeals of North Carolina

Decided July 15, 1980No. 807SC19PublishedCited by 12 opinions

1Opinion of the Court

MARTIN (Robert M.), Judge.

The issue presented by this appeal is when the two year statute of limitations on the forfeiture of all interest for usury begins to run.

G.S. 24-2 on the penalty for usury provides in pertinent part:

The taking, receiving, reserving or charging a greater rate of interest than permitted by this chapter or other applicable law, 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…

2Cases cited9 opinions

  1. Kessing v. National Mortgage CorporationSupreme Court of North Carolina · 1971
  2. Henderson v. SECURITY MORTAGAGE AND FINANCE CO.Supreme Court of North Carolina · 1968
  3. Smith v. Old Dominion Building & Loan Ass'nSupreme Court of North Carolina · 1896
  4. Ghormley v. . HyattSupreme Court of North Carolina · 1935
  5. Farmers Bank & Trust Co. v. RedwineSupreme Court of North Carolina · 1933

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

3Cited by12 opinions

  1. Amward Homes, Inc. v. Town of CaryCourt of Appeals of North Carolina · 2010
  2. Shepard v. Ocwen Federal Bank, FSBCourt of Appeals of North Carolina · 2005
  3. Faircloth v. Financial Asset Securities Corp. Mego Mortgage Homeowner Loan TrustCourt of Appeals for the Fourth Circuit · 2004
  4. Merritt v. KnoxCourt of Appeals of North Carolina · 1989
  5. Northwestern Bank v. BarberCourt of Appeals of North Carolina · 1986

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

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