88 S.E. 529 | S.C. | 1916
April 13, 1916. The opinion of the Court was delivered by
Plaintiffs brought this action in the Circuit Court for the county of Bamberg to recover the penalty provided by statute (section 2519, vol. I, Code of 1912) for receiving usurious interest on a contract for the lending of money. Defendant is a foreign corporation. Plaintiffs reside in Barnwell county. The loan was made in Barnwell county, through agents residing there, who are alleged *241
to have been the agents of defendant in its business of lending money, and it was secured by mortgage of real estate situate in Barnwell county. Nothing appearing to the contrary, the presumption is that the contract was solvable in this State. Curnow v. Insurance Co.,
"Actions for the following causes must be tried in the county where the cause, or some part thereof, arose, subject to the like power of the Court to change the place of trial: 1. For the recovery of a penalty or forfeiture imposed by statute," etc.
The case of Elms v. Power Co.,
The Court erred in refusing defendant's motion to transfer the case to Barnwell county for trial.
Order reversed. *242