City of Portsmouth v. Schlesinger

The United States Court of Appeals for the First Circuit {Young, J.) has certified to us the following question of law, see SUP. CT. R. 34, concerning a promissory note executed by the defendants, Richard Schlesinger and William Weinstein (the developers), in favor of the plaintiff, the City of Portsmouth (the city):

*734Are the statutes of limitation set forth in RSA 677:2 and :4 applicable to the so-called “illegality” defense raised by the Developers in the instant case?

For the reasons stated below, we conclude that the defendant’s affirmative defense of illegality is not subject to, nor…