Allen v. . Shiffman
Supreme Court of North Carolina
Civil action- tried before Cline, J., and a jury, at February Term, 1916, of Guilford. Tbe áction was to recover tbe penalty for taking and receiving usurious interest in transactions bad between male plaintiff and defendant.
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Civil action- tried before Cline, J., and a jury, at February Term, 1916, of Guilford. Tbe áction was to recover tbe penalty for taking and receiving usurious interest in transactions bad between male plaintiff and defendant. On denial of liability and issues submitted, tbe jury rendered tbe following verdict: 1. Did tbe defendant knowingly take from tbe plaintiff, and did tbe plaintiffs pay to tbe defendant, any amount in excess of tbe interest allowed by law, as alleged in tbe complaint, and if so, wbat amount? Answer: “No.” 2. Did tbe defendant pay to tbe plaintiffs, and did tbey accept…
1Opinion of the CourtHoke, J.
Tbe only objection insisted on to tbe validity of tbe trial was -tbe reception of tbe testimony of O. C. Frazier, Esq., appearing in tbe present case as attorney for tbe defendant..Tbe usury alleged as tbe basis of tbe present suit was to some extent involved in a former case between these same parties wbicb bad been settled by compromise at August Term, 1912, of said court, in wbicb transaction tbe witness bad appeared as attorney for tbe plaintiff. In tbe present trial tbe attorney, considering tbat bis position wa's to some extent reflected on in tbe testimony of tbe plaintiff, was allowed…
2Cases cited2 opinions
- Hills v. StateNebraska Supreme Court · 1901
- Deuser v. WalkupMissouri Court of Appeals · 1891
3Cited by3 opinions
- Dobias v. WhiteSupreme Court of North Carolina · 1954
- McSweeney v. Prudential Ins. Co. of AmericaCourt of Appeals for the Fourth Circuit · 1942
- Brown v. GreenCourt of Appeals of North Carolina · 1969