Copeland v. Jones
Superior Court of New Hampshire
Assumpsit, upon a promissory note, for $385,68, dated September 24, 1819, made by the defendants, and payable to the plaintiff.
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Assumpsit, upon a promissory note, for $385,68, dated September 24, 1819, made by the defendants, and payable to the plaintiff. The defendants in their plea admitted, that they made the note, and that there was legally due upon it the sum of $335, 68, and interest upon that sum from the date of the note ; but they prayed, that $150 might be deducted from the sum legally due, because, upon a corrupt agreement made on the 24th September, 1819, at Stoddard, between Jones and Copeland, fifty dollars, over and above six per cent, was reserved and included in said note, for the forbearance of the…
1Opinion of the CourtRichard sow, C. J.
The defendants, having offered to verify their plea by the oath of Jones, are entitled to the deduction, for which they pray; unless the replication, which the plaintiff has verified *117by„Ms oath, is to be deemed such an answer us the statute requires. The question then to be decided is, whether the eplication is a good answer to the plea ? To settle this question, we must examine the statute upon which the plea is founded. This statute is entitled, “ an act to restrain the “ taking of unlawful interest f” and in the second section it; is enacted, “ that when any person or persons shall be sued…
2Cited by7 opinions
- Williams v. LittleSuperior Court of New Hampshire · 1840
- Olcott v. AldenSuperior Court of New Hampshire · 1834
- Briggs v. SholesSuperior Court of New Hampshire · 1843
- Little v. WhiteSuperior Court of New Hampshire · 1836
- Briggs v. SholesSuperior Court of New Hampshire · 1849
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