Gibson v. Stearns
Superior Court of New Hampshire
Assumpsit upon a promissory note, dated March 16, 1820. for $113 24, payable to J. Gibson, or order, on demand with interest.
Read the full summary
Assumpsit upon a promissory note, dated March 16, 1820. for $113 24, payable to J. Gibson, or order, on demand with interest. The defendant pleaded in bar, that on the 29th June, 1814. he gave one Robert Gibson his note of that date, for $200, payable to said Robert, or order, on demand with interest, which note was endorsed to the plaintiff’s testator, John Gibson; that on the 10th January, 1818, he, the defendant, paid to the said John Gibson $200, which sum was indorsed on said note ; that on the 16th March, 1820, there ivas due the sum of $47 95 and no more ; and that on the said 16th…
1Opinion of the Court
Richardson, C, J.
delivered the opinion of the court.
It must now be considered as settled, that a reservation of more than six per cent, per annum, upon a contract relating to past forbearance and giving day of payment of money, is not only within the words, but within the intent and meaning of our statute, entitled “ an act to restrain the taking of unlaw- “ ful interest.” Willie vs. Green, 2 N. H. Rep. 333.
The questions, which remain to be settled, are, whether the material allegations of the plea in this case were substantially proved ; and, if proved, whether they amount to a sufficient…
2Cases cited1 opinion
- Willie v. GreenSuperior Court of New Hampshire · 1821
3Cited by6 opinions
- Williams v. LittleSuperior Court of New Hampshire · 1840
- Olcott v. AldenSuperior Court of New Hampshire · 1834
- Steele v. FranklinSuperior Court of New Hampshire · 1831
- Briggs v. SholesSuperior Court of New Hampshire · 1843
- Kimball v. AbbottSuperior Court of New Hampshire · 1831
1 more not listed; retrieve them via the Exa API.