Moffie v. Slawsby
Supreme Court of New Hampshire
Debt, for a penalty under section 2, chapter 203, Public Statutes, with a count in assumpsit for money had and received. Facts found, and case transferred from the May term, 1914, of the superior court, by Pike, C. J. March 8, 1913, the plaintiff borrowed money of one Rotman, doing business under the name of the City Loan Company, and gave a note for $65, payable to the order of said company thirteen weeks after date, in weekly instalments of $5 each.
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Debt, for a penalty under section 2, chapter 203, Public Statutes, with a count in assumpsit for money had and received. Facts found, and case transferred from the May term, 1914, of the superior court, by Pike, C. J. March 8, 1913, the plaintiff borrowed money of one Rotman, doing business under the name of the City Loan Company, and gave a note for $65, payable to the order of said company thirteen weeks after date, in weekly instalments of $5 each. To make up the sum named in the note, $12.50 usurious interest was included. After $28 had been paid, the note was before maturity assigned for…
1Opinion of the CourtParsons, C. J.
“The sum of three times the excess of six per cent interest, the recovery of which was authorized by Gen. Laws, c. 232, s. 3 [P. S., c: 203, s. 2], is a penalty.” Ashland Savings Bank v. Bailey, 66 N. H. 334, 335. This penalty is imposed for violation of the preceding section, which provides that “in all business transactions where interest is paid or secured, it shall be computed and paid at the rate of six dollars on a hundred dollars for one year, unless a lower rate is expressly stipulated.” P. S., c. 203, s. 1. Chapter 31, Laws of 1899, repealed all statutory provisions whereby the…
2Cases cited5 opinions
- State v. McConnellSupreme Court of New Hampshire · 1899
- Noyes v. EdgerlySupreme Court of New Hampshire · 1902
- Albany v. AbbottSupreme Court of New Hampshire · 1881
- Ashland Savings Bank v. BaileySupreme Court of New Hampshire · 1890
- Bartlett v. MansfieldSupreme Court of New Hampshire · 1913
3Cited by6 opinions
- Lucille H. Burch v. Reading CompanyCourt of Appeals for the Third Circuit · 1957
- Horner v. FlynnSupreme Judicial Court of Maine · 1975
- William Harvey Porter v. American Export Lines, Inc. v. Atlantic & Gulf Stevedores, IncCourt of Appeals for the Third Circuit · 1968
- Goddard v. Berlin Mills Co.Supreme Court of New Hampshire · 1926
- Lucille H. Burch v. Reading CompanyCourt of Appeals for the Third Circuit · 1957
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