Bagri v. Desai
Court of Appeals of North Carolina
1Opinion of the Court
HEDRICK, Chief Judge.
Plaintiff contends that the trial court erred to his prejudice in granting defendant’s motion for summary judgment. Plaintiff argues that the interest charged defendant was not usurious, but legal under G.S. 24-1.1.
To establish that an agreement is usurious, it must be shown that (1) there was a loan, (2) there was an understanding that the money lent would be returned, (3) for the loan a greater rate of interest than allowed by law was charged, and (4) there was corrupt intent to take more than the legal rate for the use of the money. Kessing v. Mortgage Corp., 278 N.C.…
2Cases cited4 opinions
- Kessing v. National Mortgage CorporationSupreme Court of North Carolina · 1971
- Rankin v. OatesSupreme Court of North Carolina · 1922
- Rankin v. . OatesSupreme Court of North Carolina · 1922
- Lowder v. LowderCourt of Appeals of North Carolina · 1984
3Cited by2 opinions
- Capparelli v. AmeriFirst Home Improvement Finance Co.District Court, E.D. North Carolina · 2008
- State v. W. Sky Fin., LLCNorth Carolina Business Court · 2015