Briggs v. Sholes
Superior Court of New Hampshire
Writ of Entry. The plaintiffs counted upon a mortgage made April 10, 1821, by the defendant, to secure the payment of a note for $1150, to one Alexander Pickens, and by him assigned, on the 5th day of April, 1826, for value, to one Nathaniel Cowes, who for a like consideration, on the 21st of December, 1828, assigned the same to James H. Bingham, who likewise assigned it, on the 21st of December, 1839, to Austin Tyler, Timothy Eastman and Ormond Dutton, who assigned it to…
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Writ of Entry. The plaintiffs counted upon a mortgage made April 10, 1821, by the defendant, to secure the payment of a note for $1150, to one Alexander Pickens, and by him assigned, on the 5th day of April, 1826, for value, to one Nathaniel Cowes, who for a like consideration, on the 21st of December, 1828, assigned the same to James H. Bingham, who likewise assigned it, on the 21st of December, 1839, to Austin Tyler, Timothy Eastman and Ormond Dutton, who assigned it to the plaintiffs on the 10th of February, 1841. The defendant filed a plea of usury, in which he alleged that he had paid to…
1Opinion of the CourtWoods, J.
The mortgage upon which this action is founded, passed through several mesne assignments to James H. Bingham, on the 21st day of December, 1828, who on the same day and month, in 1839, transferred it to parties under whom the plaintiffs claim : and the defence is that the defendant paid to Bingham §548.48 over and above the legal rate of interest.
The case turns upon points raised upon the replication and the affidavits which accompany it. The replication begins by conceding that the sum of seventy-five dollars and thirty-one cents, parcel of the §548.48 alleged to have been usuriously paid…
2Cases cited2 opinions
- Copeland v. JonesSuperior Court of New Hampshire · 1824
- Plummer v. DrakeSuperior Court of New Hampshire · 1830