Albany v. Abbott
Supreme Court of New Hampshire
Assumpsit, for money had and received to recover the amount of interest paid by the plaintiff town to the defendant, in excess of the legal rate, on three promissory notes payable to his order. One of the notes, for $1,000, was for money belonging to the defendant’s wife, which was loaned by him to the town, and for which a note was taken in his name.
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Assumpsit, for money had and received to recover the amount of interest paid by the plaintiff town to the defendant, in excess of the legal rate, on three promissory notes payable to his order. One of the notes, for $1,000, was for money belonging to the defendant’s wife, which was loaned by him to the town, and for which a note was taken in his name. She authorized him to take the money and use it for her, and he indorsed the note to her before any interest was paid upon it. He collected the interest as it became due, and made a final settlement of the note with the town authorities in his…
1Opinion of the CourtBlodgett, J.
It was decided in this state more than sixty years ago that illegal interest might be recovered back in an action for money had and received. Willie v. Green, 2 N. H. 333. That case has been twice affirmed (Cross v. Bell, 34 N. H. 82, 86, and Ossipee v. Gafney, 56 N. H. 354, 355), and its doctrine must be considered as established in this jurisdiction. Neither is it material that the plaintiff’s payment of the illegal interest is found to have been voluntary. The law properly regards the lender on usury as the oppressor, and the borrower as the oppressed, and therefore will not treat the…
2Cases cited4 opinions
- Schroeppel v. CorningNew York Supreme Court · 1848
- Rouse v. MooreNew York Supreme Court · 1820
- Davis v. ConverseSupreme Court of Vermont · 1863
- Rushing v. RhodesSupreme Court of Georgia · 1849
3Cited by3 opinions
- Moffie v. SlawsbySupreme Court of New Hampshire · 1915
- Manchester Supply Co. v. DearbornSupreme Court of New Hampshire · 1940
- E. D. Clough & Co. v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914