Cook v. . Patterson
Supreme Court of North Carolina
Civil, action, tried before Brown, J., at February Term, 1889, of Iredell Superior Court. The plaintiff alleged in his complaint that, being embarrassed with debt, he applied to defendant for the loan of three hundred and fifty dollars, with which to pay off his indebtedness; that defendant agreed at first to lend that amount, if he could secure payment by a mortgage on a certain tract of land, charging eight per cent., and a small bonus to cover expenses, but when the…
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Civil, action, tried before Brown, J., at February Term, 1889, of Iredell Superior Court. The plaintiff alleged in his complaint that, being embarrassed with debt, he applied to defendant for the loan of three hundred and fifty dollars, with which to pay off his indebtedness; that defendant agreed at first to lend that amount, if he could secure payment by a mortgage on a certain tract of land, charging eight per cent., and a small bonus to cover expenses, but when the plaintiff applied for the money in order to fulfill his promise to his creditors, the defendant required him to execute a…
1Opinion of the CourtDavis, J.
(after stating the facts). The defendant, after reducing the amount apparently due by payments, and making allowance for usurious charges, was entitled to recover a judgment. There was no allegation that the whole debt had been paid, or, in any view of the case, forfeited; and judgment was actually rendered for three hundred and sixty dollars, less the payments, ascertained by the jury to have been made, or for $282.75.
Section 528 of The Code provides that to either party for whom judgment shall be given, there shall be allowed, as costs, his actual disbursements, &c. It is clear that the…
2Cases cited3 opinions
- Simonton v. . LanierSupreme Court of North Carolina · 1874
- Manning v. . Elliott Bros.Supreme Court of North Carolina · 1885
- Purnell v. Vaughan, Barnes & Co.Supreme Court of North Carolina · 1880
3Cited by10 opinions
- Corey v. HookerSupreme Court of North Carolina · 1916
- Vann v. . NewsomSupreme Court of North Carolina · 1892
- Kinston Cotton Mills v. Rocky Mount Hosiery Co.Supreme Court of North Carolina · 1911
- Smith Ex Rel. Newton v. MyersSupreme Court of North Carolina · 1924
- Yates v. . YatesSupreme Court of North Carolina · 1915
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