Legal Opinion

Collier v. . Nevill

Supreme Court of North Carolina

Decided June 5, 1831PublishedCited by 8 opinions

Debt upon a single bond, executed by the defendants to James Mitchell and Alexander Cheek, and by them assigned to the plaintiff. Plea — the statute of 1741 (Rev. c. 28) “ for restraining the taking of excessive usury.”

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Debt upon a single bond, executed by the defendants to James Mitchell and Alexander Cheek, and by them assigned to the plaintiff. Plea — the statute of 1741 (Rev. c. 28) “ for restraining the taking of excessive usury.” On the trial before his Honor Judge Swain, at Orange, on the last spring circuit, a verdict was entered for the plaintiff, subject, to the opinion of the court, upon the following case : The defendants executed the bond on which the action was brought, upon a bona-fide consideration, moving from Mitchell and Cheek to them. Afterwards, the obligees, Mitchell and Cheek sold the…

1Opinion of the Court

-HupfiN, Judge

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The court does not entertain a doubt, that the transaction between the plaintiff and Mi tchell and Cheek is usurious.. The discounting'of a bill,or bond, and taking-the general endorsement of the holder, does ex vi tcrnlini constitute a loan •, and if. the rate of discount exceed that fixed by the statute, it is an usurious loan.; It is said, non constat, that these parties knew that the endorsers were hound thereby; without which there was no corruption. It is to be taken, they knew it; and that the indoi’sement expresses their contract, until the contrary, -as a mistake in…

2Cases cited1 opinion

  1. Munn v. President & Directors of Commission Co.New York Supreme Court · 1818

3Cited by8 opinions

  1. Ward v. . SuggSupreme Court of North Carolina · 1893
  2. Tillman v. TalbertSupreme Court of North Carolina · 1956
  3. Pratt v. American Bond & Mortgage Co.Supreme Court of North Carolina · 1928
  4. Pinnix v. . Casualty Co.Supreme Court of North Carolina · 1939
  5. Sedbury v. . DuffySupreme Court of North Carolina · 1912

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