Purnell v. Vaughan, Barnes & Co.
Supreme Court of North Carolina
Appeal from an Order made at Spring Term, 1878, of Halifax Superior Court, by Seymour, J. The facts are reported in same case 77 N. C., 268, and 80 N. C., 46. Upon the coming in of the report of a referee, the court intimated that the plaintiff could not maintain his action without submitting to a judgment against him for the amount actually due the defendants with six per cent interest thereon. Whereupon the plaintiff took a nonsuit and appealed.
1Opinion of the CourtSmith, C. J.
At June term, 1877, this case was before the court upon the plaintiff’s appeal from an interlocutory judgment granted “ on the condition that the plaintiff agree in writing to forego and release all claim for forfeiture and penalty on account of usury,” and submit “to pay the balance if any found against him, with six per cent interest thereon from the time it falls due.” The exception was to the judgment imposing the condition, and this court declared that there was no error therein. At the hearing of the cause in the superior court at spring term, 1878, upon the coming in of the report of…
2Cases cited3 opinions
- Simonton v. . LanierSupreme Court of North Carolina · 1874
- Purnell v. Vaughan, Barnes & Co.Supreme Court of North Carolina · 1879
- Beard v. . BinghamSupreme Court of North Carolina · 1877
3Cited by12 opinions
- Owens v. WrightSupreme Court of North Carolina · 1912
- Waters v. GarrisSupreme Court of North Carolina · 1924
- Waters v. . GarrisSupreme Court of North Carolina · 1924
- Churchill v. . TurnageSupreme Court of North Carolina · 1898
- Gore v. . LewisSupreme Court of North Carolina · 1891
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