Woody v. Prudential Life Insurance Co. of America

209 N.C. 364

• Court: Supreme Court of North Carolina
• Decided: January 22, 1936
• Status: Published

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.