Fidelity Bank v. Wysong & Miles Co.
Supreme Court of North Carolina
ActioN tried before Devin, J., and a jury, at September Term, 1918, of DubhaM. Tbe plaintiff alleged that the defendant corporation is indebted to it in the sum of $13,320, with interest as stated, being the balance due on the three notes, one of $1,000, another of $8,000, and the remaining one of $4,500, due ninety days after their respective dates, and given by defendant to it, for money loaned, in the months of March and April, 1918. The defendant denied that any money…
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ActioN tried before Devin, J., and a jury, at September Term, 1918, of DubhaM. Tbe plaintiff alleged that the defendant corporation is indebted to it in the sum of $13,320, with interest as stated, being the balance due on the three notes, one of $1,000, another of $8,000, and the remaining one of $4,500, due ninety days after their respective dates, and given by defendant to it, for money loaned, in the months of March and April, 1918. The defendant denied that any money had been loaned, but admitted the execution of the three notes, and alleged, as a counterclaim, that they had an…
1Opinion of the Court
Walker, J.,
after stating the case: The exceptions in this case, as will appear by reference to our statement of it, relate chiefly to the admission and exclusion of testimony. There is no exception to the charge, which is not set forth in the record, and we must, therefore, assume that it was correct in every respect and perfectly satisfactory to the appellant. Muse v. Motor Co., 175 N. C., 466. We make brief reference to this-fact because it makes it unnecessary for us to decide whether the trans*289action between tbe parties was usurious on its face or tainted per se with, usury, if it were…
2Cases cited33 opinions
- Clark v. City of Des MoinesSupreme Court of Iowa · 1865
- Bunn v. . ToddSupreme Court of North Carolina · 1890
- Meroney v. Atlanta Building & Loan Ass'nSupreme Court of North Carolina · 1895
- Miller v. Life Insurance Co.Supreme Court of North Carolina · 1896
- Yarborough v. Hughes.Supreme Court of North Carolina · 1905
28 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Fanelty v. Rogers Jewelers, Inc.Supreme Court of North Carolina · 1949
- Manufacturing Co. v. . Building Co.Supreme Court of North Carolina · 1919
- Fry v. Southern Public Utilities Co.Supreme Court of North Carolina · 1922
- Carolina Industrial Bank v. MerrimonSupreme Court of North Carolina · 1963
- Alexander v. . Cedar WorksSupreme Court of North Carolina · 1919
14 more not listed; retrieve them via the Exa API.