Simpson v. Cox
Supreme Court of South Carolina
Before Prince, J., Anderson, August, 1912. Action by W. A. Simpson against J. E. Cox, Lipscomb & Russell Co-, and R. E. Allen Bro.
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Before Prince, J., Anderson, August, 1912. Action by W. A. Simpson against J. E. Cox, Lipscomb & Russell Co-, and R. E. Allen Bro. Co'. Defendant; Cox, appeals. cite: Mortgage cannot be held for debt or renewals not covered by its terms: 20 Ency. 963, 925; 27 Cyc. 1073-4, 1655. Defense of usury: 77 S. C. 141; 39 Cyc. 1002-3; 2 McC. 176; 3 Brev. 54. cite: Exception notmade below will not be considered here: 93 S. C. 61; 92 S. C. 418, 105, 123, 14. Usury paid in an executed contract cannot be set up against another debt: 77 S. C. 141; 62 S. C. 178; 67 S. C. 553; 37 S. C. 59.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice; Hydrick.
On July 31, 1908, the defendant, Cox, gave plaintiff his note for $2,300, payable six months after date, and secured same by mortgage. Plaintiff discounted the note at the Farmers Bank of Williamston. Defendant made several payments on the note at the bank, and, on April 24, 1909, renewed it for $1,341.09, due six months thereafter, plaintiff endorsing the renewal. On November 15, 1909, the Farmers Bank of Williamston demanded payment. Defendant having failed to pay it, plaintiff agreed that if the bank would have defendant execute…
2Cited by2 opinions
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