Hunter v. McClung Realty Co.

185 S.E. 461, 210 N.C. 91, 1936 N.C. LEXIS 25

Opinion

Per Curiam.

There was no evidence at the trial of this action tending to show that the payees of the notes sued on received from the defendants interest at a rate in excess of six per centum per annum, or that they charged the defendants interest on said notes at such rate, and thereby became liable for the statutory penalties for usury. C. S., 2306.

All the evidence showed that the sum of $217.50 was paid by the defendants to the Independence Trust Company, and that said sum was not paid to or received by the executors of R. N. Hunter, deceased, to whom the notes are payable.

For that reason, there was no error in the refusal of the court to submit to the jury the issue tendered by the defendants, or in the peremptory charge of the court to the jury on the issue submitted by the court.

The judgment is affirmed.

No error.