Godfrey v. . Leigh
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Perquimons' County, at the Spring Term, 1846, his Honor Judge Baic.ey presiding-. This is an action of debt founded on the statute of Usury. The declaration contained two counts, but all the evidence was directed to the first, and on that the judgment was rendered for the plaintiff.
Read the full summary
Appeal from the Superior Court of Law of Perquimons' County, at the Spring Term, 1846, his Honor Judge Baic.ey presiding-. This is an action of debt founded on the statute of Usury. The declaration contained two counts, but all the evidence was directed to the first, and on that the judgment was rendered for the plaintiff. It demands $693 08 and lays the case thus: That on the 23d of March, 1842, at, &c. upon a certain corrupt contract then and there made, between the defendant and the plaintiff, the said J. L. took, accepted and received of and from the said J. G. the sum of $124 03, by way…
1Opinion of the Court
Ruffin, 0. J.
Whether the transaction was in fact a purchase of the bond of Godfrey by the defendant from Sawyer, or was a loan to Godfrey himself, was fairly left to the jury, and has been found against the defendants Taking it then, to have been a loan to Godfrey, it seems clear, that all the opinions delivered by the Court were correct. That the bond was good in the hands of Sawyer, or that it was good, or not good as a security in the hands of Leigh, can make no kind of difference, as to the liability of the defendant. For there is a clear distinction between the part of the act which…
2Cited by2 opinions
- Rushing v. Bivens.Supreme Court of North Carolina · 1903
- Ragan v. . StephensSupreme Court of North Carolina · 1919