Strait v. British & American Mortgage Co.
Supreme Court of South Carolina
Action by T. J. Strait against British and American Mortgage Co., Limited. From order overruling demurrer and refusing motion to strike out certain defenses plaintiff appeals. cites: Usury statute of i8po and its construction with act of i8p8: Code 1902, secs. 1391, 1663, 1664; 2 Ency., 601; 27 S. C., Ill; 50 S. C., 185; Act of 1898; End.-on Int. of Stat., secs. 329, 339, 138, 103, 107. Doctrine of res judicata and its application: 19 S. C., 158; 17 S. C., 35; 19 S. C., 254;…
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Action by T. J. Strait against British and American Mortgage Co., Limited. From order overruling demurrer and refusing motion to strike out certain defenses plaintiff appeals. cites: Usury statute of i8po and its construction with act of i8p8: Code 1902, secs. 1391, 1663, 1664; 2 Ency., 601; 27 S. C., Ill; 50 S. C., 185; Act of 1898; End.-on Int. of Stat., secs. 329, 339, 138, 103, 107. Doctrine of res judicata and its application: 19 S. C., 158; 17 S. C., 35; 19 S. C., 254; 49 S. C., 512; 55 S. C., 498; 52 S. C., 34; 34 S. C., 345; 9 Rich., 451; 29 Barb., 243; Freem. on Judg., secs. 268,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Pope.
It appears from the record that on December 16th, 1904, the defendant mortgage company loaned to the plaintiff herein, T. J. Strait, the sum of eight thousand five hundred dollars, plaintiff giving his five notes, payable at various times thereafter. The contract provided for eight per cent, interest, ten per cent, attorney’s fees, and, also, that should any one of the notes not be paid when it became due that then the defendant at its option might regard all the notes as due and bring suit for foreclosure. Plaintiff having…
2Cases cited1 opinion
- Ryan v. Southern B. & L. Ass'nSupreme Court of South Carolina · 1897
3Cited by4 opinions
- Winchester v. United InsuranceSupreme Court of South Carolina · 1957
- Sparks v. D. M. Dew & Sons, Inc.Supreme Court of South Carolina · 1957
- Woodward v. WoodwardSupreme Court of South Carolina · 1910
- British & American Mortgage Co. v. StraitSupreme Court of South Carolina · 1909