Ossipee v. Gafney
Supreme Court of New Hampshire
From Carroll Circuit Court. Assumpsit. The defendant is described as Charles B. Gafney, of Rochester, in our county of Strafford, esquire, administrator of the estate of Moses Merrill, &c.
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From Carroll Circuit Court. Assumpsit. The defendant is described as Charles B. Gafney, of Rochester, in our county of Strafford, esquire, administrator of the estate of Moses Merrill, &c. The declaration is as follows: “ In a plea of the case for that the said defendant, at said Ossipee, on the day of the purchase of this writ, being indebted to the plaintiffs in the sum of six thousand dollars, for so much money before that time had and received by the defendant for the plaintiffs’ use, in consideration thereof then and there promised the plaintiffs to pay them the same sum on demand ; yet,…
1Concurrence
This is an action to recover of an executor, personally, usury taken by his testator during his lifetime.
December 10, 1864, Moses Merrill, the testator, lent the town of Ossipee $3,000, and took the note of the town for that sum. February 24, he lent the town $2,000 more, and took a note therefor. Interest was paid upon these notes of Moses Merrill, from time to time, at the rate of 8 per cent. February 17, 1872, these two notes were surrendered by Moses Merrill to the town, and he took a new note of that date for $5,000 signed by the selectmen of the town. The defendant and Lois Merrill were…
2Cases cited4 opinions
- Chadbourn v. WattsMassachusetts Supreme Judicial Court · 1813
- Gardner v. FlaggMassachusetts Supreme Judicial Court · 1811
- Thompson v. WoodbridgeMassachusetts Supreme Judicial Court · 1811
- Little v. WhiteSuperior Court of New Hampshire · 1836