Chamberlain v. Carlisle
Superior Court of New Hampshire
Assumpsit, upon a promissory note, signed by the defendants, William T. Carlisle, Royal Joyslin, and John Dewey, dated March 10th, 1844, for f400, payable to Thomas Car-lisle or order, in one.year, with interest, and by him indorsed to the plaintiff, Edmund Chamberlain. The writ was dated April 4th, 1846. > The defendants pleaded jointly, first, the general issue, and secondly, usury.
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Assumpsit, upon a promissory note, signed by the defendants, William T. Carlisle, Royal Joyslin, and John Dewey, dated March 10th, 1844, for f400, payable to Thomas Car-lisle or order, in one.year, with interest, and by him indorsed to the plaintiff, Edmund Chamberlain. The writ was dated April 4th, 1846. > The defendants pleaded jointly, first, the general issue, and secondly, usury. The substance of the second plea was as follows The defendants prayed that the sum of $898.50 might be deducted from the sum lawfully due on the note declared on, because they say that one Thomas Carlisle, on…
1Opinion of the CourtEastman, J.
The pleadings in this case were irregular. The plea of usury, tendering the oath of 'the defendants, should have been signed by them; and where a defendant pleads usury, under the statute, with a verification by his oath, neither party can, in a subsequent pleading, change the course of the trial by tendering an issue to the jury. Tappan v. Sargent & a., 13 N. H. Rep. 429.
But there is no controversy between the parties as to the-pleadings. The only question presented upon the case is, whether the ruling of the court in excluding as evidence the record upon the former suit was correct.
It…
2Cases cited9 opinions
- Carver v. JacksonSupreme Court of the United States · 1830
- Marsh v. PierSupreme Court of Pennsylvania · 1833
- Davis v. WoodSupreme Court of the United States · 1816
- Case v. ReeveNew York Supreme Court · 1817
- Wood v. DavisSupreme Court of the United States · 1812
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3Cited by1 opinion
- Hopps v. Utica Mutual InsuranceSupreme Court of New Hampshire · 1985