Briggs v. Sholes
Superior Court of New Hampshire
"Writ oe Entry on a mortgage made on the 10th day of April, 1821, to secure the payment of a note for $1150, payable to one Alexander Pickens. The note and mortgage were, on the 5th day of April, 1826, being then overdue, assigned by Pickens to one Cowles; and by him, on the 21st day of December, 1828, to James IP. Bingham.
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"Writ oe Entry on a mortgage made on the 10th day of April, 1821, to secure the payment of a note for $1150, payable to one Alexander Pickens. The note and mortgage were, on the 5th day of April, 1826, being then overdue, assigned by Pickens to one Cowles; and by him, on the 21st day of December, 1828, to James IP. Bingham. Bingham, on the 5th day of December, 1839, assigned the same to Tyler, Eastman and Dutton, who on the 10th day of February, 1841, assigned them to the plaintiffs. The plea stated, in substance, that while the note and mortgage remained in the hands of Bingham, the…
1Opinion of the CourtGilchrist, J.
The statute on the subject of usuryps express, in requiring the deduction demanded by the plea *514to which the defendant swears, or offers to swear, “ unless the creditor will swear that he has not, directly or indirectly, willingly taken or received more than after the rate of six per cent per annum,” &c. N. H. Laws 134.
It has been held that this statute was not applicable to the case in which the plaintiff is a bond fide holder of the note in suit, having received it for value before its maturity, and without notice of the usury. In such case the plea is dismissed, and no replication is…
2Cases cited1 opinion
- Forbes v. MarshSuperior Court of New Hampshire · 1824