KESSING v. NATIONAL MORTGAGE CORPORATION

No. 64.

180 S.E.2d 823 (1971)

Jonas W. KESSING, Individually, Alice H. Kessing, Jonas W. Kessing Company, Jonas W. Kessing as General Partner of Village Associates of Chapel Hill Limited Partnership, Jonas W. Kessing as Limited Partner of Village Associates of Chapel Hill Limited Partnership v. NATIONAL MORTGAGE CORPORATION, Individually, National Mortgage Corporation as Limited Partner of Village Associates of Chapel Hill Limited Partnership.

Supreme Court of North Carolina.

May 12, 1971.


Attorney(s) appearing for the Case

Manning, Allen & Hudson by James Allen, Jr., and Bryant, Lipton, Bryant & Battle by F. Gordon Battle, Chapel Hill, for defendant appellant.

Newsom, Graham, Strayhorn, Hedrick & Murray by Josiah S. Murray, III, Durham, for plaintiff appellees.


MOORE, Justice.

Defendant first contends that the court erred in ruling that G.S. § 24-8 as amended was applicable to the loan in question.

Prior to its amendment on 2 July 1969, G.S. § 24-8 provided that on loans of $30,000 or more to corporations the legal rate of interest was 8%.

By amendment effective 2 July 1969, G.S. § 24-8 was rewritten to read, in pertinent part, as follows:

"Loans not in excess of $300,000; what interest...

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