Willie v. Green
Superior Court of New Hampshire
A. loaned B. $500 upon a usurious contract. After the money had been loaned several years, the interest was cast at 12 per cent, and added to the principal, and $200 in cash was paid, and the residue of the principal and interest, cast as aforesaid was "paid in negotiable notes of a third person. It was held that the illegal interest might be recovered back by B> in an action for money had and received.
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A. loaned B. $500 upon a usurious contract. After the money had been loaned several years, the interest was cast at 12 per cent, and added to the principal, and $200 in cash was paid, and the residue of the principal and interest, cast as aforesaid was "paid in negotiable notes of a third person. It was held that the illegal interest might be recovered back by B> in an action for money had and received. A contract to pay more than six per cent, for past forbearance is illegal This was an action of assumpsit for $200 money had and received by the defendant to the plaintiff’s use. The cause was…
1Opinion of the CourtWoodbury, J.
It is, in this case, said by the defendant, that only a qui tam action lies to recover back what has been paid as usury'. The contrary, however, has been often settled ; andas an adherence to those decisions can seldom operate inequitably, I feel no disposition to attempt to shake them. Comp. 200, 792.—Douglas 472, Lowrie vs. Burdieu; 696 note, Smith vs. Broomly.—Cases in term of Ld. Hk. 38, Bosanquet vs. Dashwood.—1 Pow. C. 204, 5.—11 Mass. Rep. 376.—12 ditto 34.—1 Salk. 32, Tompkins vs. Barrett.
It is further contended, that if any payment has been made in. this case, it was made on the…
2Cases cited5 opinions
- Floyd v. DayMassachusetts Supreme Judicial Court · 1807
- Witherby v. MannNew York Supreme Court · 1814
- Commonwealth v. FrostMassachusetts Supreme Judicial Court · 1809
- Wright v. First Crockery Ware Co.Superior Court of New Hampshire · 1818
- Thompson v. WoodbridgeMassachusetts Supreme Judicial Court · 1811
3Cited by6 opinions
- Gibson v. StearnsSuperior Court of New Hampshire · 1825
- Grafton Bank v. WoodwardSuperior Court of New Hampshire · 1829
- Danforth v. DeweySuperior Court of New Hampshire · 1824
- King v. HutchinsSuperior Court of New Hampshire · 1854
- Ossipee v. GafneySupreme Court of New Hampshire · 1876
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