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COSTON v. COSTON

No. 9125DC1275.

426 S.E.2d 460 (1993)

109 N.C. App. 306

Beverly Pressley COSTON, Plaintiff, v. David Frank COSTON, Defendant.

Court of Appeals of North Carolina.

March 2, 1993.

Attorney(s) appearing for the Case

Robert E. Riddle, P.A. by Robert E. Riddle, Asheville, for plaintiff-appellee.

Prince, Youngblood, Massagee & Jackson by Boyd B. Massagee, Jr. and Sharon B. Ellis, Hendersonville, for defendant-appellant.

ARNOLD, Chief Judge.

Defendant first assigns error to the ten percent interest rate assigned to the note. Defendant argues that the trial court cannot set an interest rate higher than the legal rate of eight percent codified at N.C.Gen.Stat. § 24-1 (1991). Most of the cases cited by defendant involve actions for breach of contract. We are not concerned here with a breach of contract, but the reasoning from those cases applies to this case. In Interstate Equip...

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