MERRITT v. KNOX

No. 8810SC815.

380 S.E.2d 160 (1989)

O.C. MERRITT and wife, Grace Merritt v. James KNOX and wife, Louise D. Knox.

Court of Appeals of North Carolina.

June 20, 1989.


Attorney(s) appearing for the Case

Richard C. Titus, Raleigh, for plaintiffs-appellees.

Joslin, Culbertson & Sedberry by William Joslin, Raleigh, for defendants-appellants.


SARAH ELIZABETH PARKER, Judge.

Defendants appeal from the entry of summary judgment for plaintiffs in their action to recover the amount due on a promissory note. Defendants do not contest their liability on the note. They contend that the trial court erred in enforcing the 12% interest rate provided in the note because the rate was usurious under the law in effect at the time the note was executed.

Defendants executed the note on 14 December 1977. The principal...

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