Plummer v. Drake
Superior Court of New Hampshire
Assumpsit upon anote for $162,84, dated February25, 1824, made by the defendant and payable to Abraham Tilton, or order, on demand with interest, and by Tilton endorsed to the plaintiff.
Read the full summary
Assumpsit upon anote for $162,84, dated February25, 1824, made by the defendant and payable to Abraham Tilton, or order, on demand with interest, and by Tilton endorsed to the plaintiff. The defendant pleaded in bar, that on the 25th February, 1824, there was due from him to the said Tilton the sum of $112, 55, and that it was corruptly agreed between ^the defendant and Tilton, that the defendant should pay to Tilton for said sum of $112,55, so due, and for forbearing and giving day of payment thereof, the sum of $162,84, with interest for the same, until paid ; and that the said note was…
1Opinion of the Court
By the court.
It has long been settled in this state, that in a suit upon a note in the name of an endorsee against the maker, the latter may conclude a plea of usury with an offer to verify it by his own oath ; and that the endorsee may reply that there has been no illegal interest secured or taken, and conclude with aa offer to verify the replication by the oath of the payee. But by the express letter of the statute, a defendant can, in these cases, verify his plea by his own oath, only when the payee of the note is alive. When the suit is in the name of the payee it appears by the record…
2Cited by3 opinions
- Briggs v. SholesSuperior Court of New Hampshire · 1843
- Little v. WhiteSuperior Court of New Hampshire · 1836
- Briggs v. SholesSuperior Court of New Hampshire · 1849