{
  "id": 8623443,
  "name": "MRS. A. D. N. HUNTER, Trustee of the Estate of R. N. HUNTER, Deceased, et al., v. McCLUNG REALTY COMPANY, J. W. McCLUNG, and J. W. McCLUNG, JR.",
  "name_abbreviation": "Hunter v. McClung Realty Co.",
  "decision_date": "1936-04-29",
  "docket_number": "",
  "first_page": "91",
  "last_page": "92",
  "citations": [
    {
      "type": "official",
      "cite": "210 N.C. 91"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 163,
    "char_count": 2405,
    "ocr_confidence": 0.482,
    "pagerank": {
      "raw": 9.505882454708161e-08,
      "percentile": 0.5231042427570102
    },
    "sha256": "14e8fcbc744c121e994a4995a4691cc66dd7ceac882abb456f9fdd3aaff73be6",
    "simhash": "1:a0cb8caca6243c0f",
    "word_count": 434
  },
  "last_updated": "2023-07-14T17:57:05.250790+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "MRS. A. D. N. HUNTER, Trustee of the Estate of R. N. HUNTER, Deceased, et al., v. McCLUNG REALTY COMPANY, J. W. McCLUNG, and J. W. McCLUNG, JR."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nThere 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.\nAll 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.\nFor 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.\nThe judgment is affirmed.\nNo error.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Stancill & Davis for plaintiffs.",
      "H. L. Taylor for defendants."
    ],
    "corrections": "",
    "head_matter": "MRS. A. D. N. HUNTER, Trustee of the Estate of R. N. HUNTER, Deceased, et al., v. McCLUNG REALTY COMPANY, J. W. McCLUNG, and J. W. McCLUNG, JR.\n(Filed 29 April, 1936.)\nUsury B c\u2014\nThe statutory penalty for usury may not be recovered against' the payee of notes secured by deed of trust upon evidence showing that a certain sum was paid the trustee in the deed of trust, but not paid to or received by the payee of the notes.\nAppeal by defendants from Moore, Special Judge, at February Term, 1936, of MecKLENbubu.\nNo error.\nThis is an action to recover on notes executed by the defendant Mc-Clung Realty Company, a corporation, and endorsed by the defendants J. W. McClung and J. W. McClung, Jr., and for the foreclosure of the deed of trust by which the said notes are secured. The notes sued on are payable to the order of the Independence Trust Company and Mrs. A. D. N. Hunter, executors of R. N. Hunter, deceased, and are now owned by Mrs. A. D. N. Hunter, trustee of tbe estate of R. N. Hunter, deceased, and tbe Independence Corporation.\nAt tbe trial tbe defendants admitted tbe execution of tbe notes, as alleged in tbe complaint, and relied upon tbe plea of usury, as alleged in tbeir answer.\nTbe issue submitted to tbe jury was answered as follows:\n\u201cIn wbat amount, if any, are tbe defendants indebted to tbe plaintiffs ? Answer: \u2018$10,000, with interest from 17 March, 1933.\u2019 \u201d\nFrom judgment in accordance with tbe verdict, tbe defendants appealed to tbe Supreme Court, assigning errors in tbe trial.\nStancill & Davis for plaintiffs.\nH. L. Taylor for defendants."
  },
  "file_name": "0091-01",
  "first_page_order": 157,
  "last_page_order": 158
}