Pritchard v. . Meekins
Supreme Court of North Carolina
Civil actioN, tried before Avery, Judge, at June Term, 1887, of the Superior Court of PasquotANK county. In August, 1883, the plaintiff and his wife Emily borrowed of the defendant Meekins $2,500, and at the same time executed their notes amounting to $2,772 (the same set out in the complaint), which were secured by mortgage upon the lands of Emily, containing power of sale.
Read the full summary
Civil actioN, tried before Avery, Judge, at June Term, 1887, of the Superior Court of PasquotANK county. In August, 1883, the plaintiff and his wife Emily borrowed of the defendant Meekins $2,500, and at the same time executed their notes amounting to $2,772 (the same set out in the complaint), which were secured by mortgage upon the lands of Emily, containing power of sale. The plaintiff claimed that the excess of the notes above &2,500, to-wit, $272, was to cover and provide for usurious interest. The defendant, on the other hand, alleged that the plaintiff had agreed to pay in addition "to…
1Opinion of the CourtDavis, J.
The jury having found that it was no part of the agreement and consideration that the plaintiff was to pay in addition to the sum loaned all costs and expenses, attorney’s fees, &c., two questions only are presented for our consideration.
First. Is the action barred by the statute of limitations ?
The sum of $2,500 was borrowed and notes in the aggregate for $2,772 were given, in August, 1883; the payments were made and the notes settled and surrendered on the 17th of November, 1885, and the action commenced on the 19th of November, 1885.
The learned counsel for the defendant insisted that the…
2Cases cited1 opinion
- Mills v. Salisbury Building & Loan Ass'nSupreme Court of North Carolina · 1876
3Cited by7 opinions
- Meroney v. Atlanta Building & Loan Ass'nSupreme Court of North Carolina · 1895
- Corey v. HookerSupreme Court of North Carolina · 1916
- First Nat. Bank of Tishomingo v. LathamSupreme Court of Oklahoma · 1913
- Rushing v. Bivens.Supreme Court of North Carolina · 1903
- National Bank v. CarpenterSupreme Court of New Jersey · 1889
2 more not listed; retrieve them via the Exa API.