Seawell v. . Shomberger

Supreme Court of North Carolina

Seawell v. . Shomberger

6 N.C. 200

DecidedJuly 5, 1812

StatusPublished

This text of 6 N.C. 200 (Seawell v. . Shomberger) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Seawell v. . Shomberger, 6 N.C. 200 (N.C. 1812).

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Opinion

Lowrie, Judge,

delivered the opinion of the Court: Our act of Assembly on this subject, is copied from the 12Hi Ann. ch. 16, and the construction given to this latter statute, ought to be given to ours. It is laid down by Lord Chief-Justice De Grey, in the case of Loyd qui tam v. Williams, (3 Wills. 261,) that “wherever parties make a contract for monies or other tilings and above the rate of five per centum per annum is received by the lender, the offence against the statute is complete; and even if the principal money shall never be paid, yet the offence is committed.” Judgment for the Plaintiff.

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Lowrie, Judge,

delivered the opinion of the Court: Our act of Assembly on this subject, is copied from the 12Hi Ann. ch. 16, and the construction given to this latter statute, ought to be given to ours. It is laid down by Lord Chief-Justice De Grey, in the case of Loyd qui tam v. Williams, (3 Wills. 261,) that “wherever parties make a contract for monies or other tilings and above the rate of five per centum per annum is received by the lender, the offence against the statute is complete; and even if the principal money shall never be paid, yet the offence is committed.” Judgment for the Plaintiff.

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Bluebook (online)

6 N.C. 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seawell-v-shomberger-nc-1812.