Little v. White
Superior Court of New Hampshire
Assumpsit, upon a promissory note, dated December 25, 1829, indorsed to the plaintiff. The defendant pleaded, that on the 23d of May, 1812, three individuals named, were indebted to the payee, in a certain sum, for which they gave their promissory note, and corruptly agreed with him to pay twelve per cent, interest— that on the 6th of March, 1815, they paid a certain amount, and that the note was indorsed down to a sum specified— that at the same time a further corrupt…
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Assumpsit, upon a promissory note, dated December 25, 1829, indorsed to the plaintiff. The defendant pleaded, that on the 23d of May, 1812, three individuals named, were indebted to the payee, in a certain sum, for which they gave their promissory note, and corruptly agreed with him to pay twelve per cent, interest— that on the 6th of March, 1815, they paid a certain amount, and that the note was indorsed down to a sum specified— that at the same time a further corrupt agreement was made, for the payment of unlawful interest, at the rate of nine per cent. — that on the 15th of January, 1818,…
1Opinion of the CourtGreen, J.
There are several objections to this plea. The suit is by an indorsee, and the defendant has offered to verify his plea by his own oath, but the plea contains no allegation that the payee of the note is alive. This was held to be a fatal objection, 5 N. H. Rep. 151, Plumer vs. Drake; ditto 324, 556, S. C.
Nor does the plea state the amount of the unlawful interest secured, or received. This might perhaps be ascertained by a computation of the interest from May 23, 1812, to March 6, 1815, and again from that date to March 9, 1821, when the defendant first gave his note ; but, regularly, the…
2Cases cited5 opinions
- Bearce v. BarstowMassachusetts Supreme Judicial Court · 1812
- Copeland v. JonesSuperior Court of New Hampshire · 1824
- Jewett v. DavisSuperior Court of New Hampshire · 1834
- Plummer v. DrakeSuperior Court of New Hampshire · 1830
- Steele v. FranklinSuperior Court of New Hampshire · 1831
3Cited by1 opinion
- Ossipee v. GafneySupreme Court of New Hampshire · 1876