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RECTOR v. SUNCREST LUMBER CO.

No. 3181.

52 F.2d 946 (1931)

RECTOR v. SUNCREST LUMBER CO.

Circuit Court of Appeals, Fourth Circuit.

October 12, 1931.

Attorney(s) appearing for the Case

John H. Cathey, of Asheville, N. C., for appellant.

Thomas L. Johnson, J. Bat Smathers, and Thomas S. Rollins, Jr., all of Asheville, N. C., for appellee.

Before PARKER and SOPER, Circuit Judges, and CHESNUT, District Judge.

SOPER, Circuit Judge.

James E. Rector of North Carolina brought a suit, subsequently removed to the District Court, against the Suncrest Lumber Company, a Delaware corporation, to recover the sum of $14,522.28. He charged that under duress he had paid the company $7,261.14 as interest on a debt at an illegal and usurious rate, and that he was therefore entitled, under the provisions of section 2306 of the Consolidated Statutes of North Carolina, to recover back twice...

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