Webb v. . Bishop
Supreme Court of North Carolina
This is a civil action, tried before Graves, X, at May Term, 1888, of Craven Superior Court. The action is upon a note under seal executed by the defendants to the plaintiff on December 21,1875, wherein they covenant to pay him twelve hundred and nineteen dollars and wj with interest at the rate of 8 per cent per annum, and the complaint alleges to be due thereon, on the 30th day of January, 1883, the sum of five hundred and twenty dollars and and interest from that date for…
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This is a civil action, tried before Graves, X, at May Term, 1888, of Craven Superior Court. The action is upon a note under seal executed by the defendants to the plaintiff on December 21,1875, wherein they covenant to pay him twelve hundred and nineteen dollars and wj with interest at the rate of 8 per cent per annum, and the complaint alleges to be due thereon, on the 30th day of January, 1883, the sum of five hundred and twenty dollars and and interest from that date for which judgment is demanded. The defendants admitting these general allegations, set up in their answer the defence of…
1Opinion of the Court
Smith, C. J.,
(after stating the case.) It will be seen by a computation that in the division of the first note principal and interest at six per cent, accrued up to the giving the note of February 18, 1875, the latter is in excess of the sum due by some $226, or thereabouts, and in the absence of evidence of any other consideration must be deemed an additional consideration for the further indulgence of the debt.
This excess constitutes the alleged usury in the execution of the second note, and constitutes an element with interest affecting the bond in suit.
In making computation of the amount…
2Cases cited3 opinions
- Rountree v. . BrinsonSupreme Court of North Carolina · 1887
- Commissioners of Craven v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1877
- Merchants Bank v. LutterlohSupreme Court of North Carolina · 1879
3Cited by5 opinions
- Moore v. . BeamanSupreme Court of North Carolina · 1893
- Purvis v. WoodwardMississippi Supreme Court · 1901
- Tillman v. TalbertSupreme Court of North Carolina · 1956
- Commissioners v. . R. R.Supreme Court of North Carolina · 1877
- Bank v. . LutterlohSupreme Court of North Carolina · 1879