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SWINDELL v. OVERTON

No. 852SC1010.

342 S.E.2d 391 (1986)

Roger SWINDELL and wife, Betty L. Swindell v. Larry OVERTON, Substitute Trustee, Thomas Edison Cahoon and wife, Julia Jones Cahoon, Walter G. Credle and wife, Donna S. Credle.

Court of Appeals of North Carolina.

May 6, 1986.

Attorney(s) appearing for the Case

J. Michael Weeks, P.A. by J. Michael Weeks, Zebulon, and Rodman, Holscher and Francisco by Edward N. Rodman, Washington, for plaintiffs-appellees.

Mitchell S. McLean, Ahoskie, for defendants-appellants.

WHICHARD, Judge.

Defendants contend the court erred in concluding as a matter of law that the loan was a usurious transaction. Specifically, they contend only that the court could not properly hold as a matter of law that the element of "corrupt intent" existed.

It is well-established in North Carolina that the elements of usury are a loan or forbearance of money, an understanding that the money loaned shall be returned, payment or an agreement to pay a rate...

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