Woody v. Prudential Life Insurance Co. of America

209 N.C. 364

Opinion

Per Curiam.

The judgment of nonsuit must be sustained. The receipt by the defendant of the alleged usury of $209.00 does not sufficiently appear, and, if it did, the statute of limitations is a complete bar. No payments of interest were made after 5 July, 1932.

The other item of $50.00 was an attorney’s fee, paid by the plaintiffs in a settlement made after a sale of the premises had been made in July, 1934, and under the evidence in this case this could not be held to be usurious. C. S., 442; Trust Co. v. Redwine, 204 N. C., 125.

On the record before us the judgment of nonsuit is

Affirmed.