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Tag Archives: loan

Contract – Bailment – Historical Documents – Loan – Request for Return – Civil Practice – Statute of Limitations – Laches (access required)

Johnson v. North Carolina Department of Cultural Resources In correspondence in 1910, plaintiffs’ ancestor made clear that he was lending his family’s historical documents to the state, and the Secretary of the Historical Commission acknowledged the arrangement was a loan, which plaintiffs’ ancestor could recall at any time. A bailment was thus created, and plaintiffs are entitled to have the documents returned to them.

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“Loan discount” not actually a discount, court rules  (access required)

A proposed class action that Travis Bumpers brought against Community Bank of Northern Virginia in 2001 involving a fake loan discount rate has been given new life by the N.C. Court of Appeals. In a Sept. 6 opinion, the court upheld Wake County Superior Court Judge John B. Lewis’ 2008 summary judgment in Bumpers’ favor on his unfair and deceptive trade practices claim. The court sent the case back to Wake County to consider whether the case is appropriate for class action certification. Another plaintiff, Troy Elliot, dropped out of the Bumpers lawsuit because he is a member of a separate class action suit against Community Bank in federal court in Pennsylvania. Bumpers opted out of that class action.

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