Stavrelis v. Zacharias
Supreme Court of New Hampshire
Action at Law, the declaration containing two counts, (1) for debt on a judgment, and, (2) for money paid at the defendant’s request.
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Action at Law, the declaration containing two counts, (1) for debt on a judgment, and, (2) for money paid at the defendant’s request. To the first count the defendant pleaded P. S., c. 217, s. 4, and to the second count P. S., c. 217, s. 3. The judgment was rendered against the defendant on February 2, 1894, in Greece, on a claim for money borrowed by the defendant in 1890. The plaintiff’s assignor was a surety for the defendant on the loan, which was also partly secured by a real estate mortgage. The loan was made in Greece, and the agreed rate of interest of 9^ per cent was valid. After the…
1Opinion of the CourtPeaslee, J.
The record does not show at what stage the proceedings in the superior court now are. Certain facts are reported and the question “whether the plaintiff can recover” is transferred. Whether there has been a trial and verdict, whether the facts reported are all those proved, or whether there has been no trial and this is merely a statement intended to set out the contentions of the parties in advance of a trial, are matters not indicated by the transferred case. No briefs have been filed, and the case stands upon the unexplained and incomplete record. It has not been the practice to pass upon…
2Cases cited3 opinions
- Connecticut Valley Lumber Co. v. MonroeSupreme Court of New Hampshire · 1902
- Lombard v. Maguire-Penniman Co.Supreme Court of New Hampshire · 1916
- Ingalls v. BurlingameSupreme Court of New Hampshire · 1901
3Cited by2 opinions
- Payne v. ClaffyCourt of Appeals of South Carolina · 1984
- Ladd v. HigginsSupreme Court of New Hampshire · 1946