Supreme Court of North Carolina September 5, 1896 (Smith v. Old Dominion Building & Loan Ass'n)

ClaeK, J. :

The

Code, Sec. 3836, provides “ The taking, receiving, reserving or charging a greater rate of interest than is allowed by the preceding section (3835) when knowingly done shall be deemed a forfeiture of the entire interest which the note or other evidence of debt carries with it, or which has been agreed to be paid thereon ; and in case a greater interest has been paid, the person by