Blaine v. Curtis
Supreme Court of Vermont
ActioN of debt to recover the penalty given by the statute of New Hampshire for taking usury. Heard on general demurrer to the declaration, December Term, 1884, Orange County, Rowell, J., presiding. Judgment for the defendant. The case appears in the opinion. This is not a qui tarn action. The sum sought to be recovered can hardly be called a penalty. 5 Wait Act. & Def. 156 ; R. R. Oo. v. Meihven, 21 Ohio, 586. The statute against usury in Maine is remedial and not penal.
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ActioN of debt to recover the penalty given by the statute of New Hampshire for taking usury. Heard on general demurrer to the declaration, December Term, 1884, Orange County, Rowell, J., presiding. Judgment for the defendant. The case appears in the opinion. This is not a qui tarn action. The sum sought to be recovered can hardly be called a penalty. 5 Wait Act. & Def. 156 ; R. R. Oo. v. Meihven, 21 Ohio, 586. The statute against usury in Maine is remedial and not penal. Pierce v. Oonant, 25 Me. 33. Our own law is but the re-enactment of the common law. The excess above legal interest…
1Opinion of the Court
The opinion of the court was delivered by
Walker, J.
The case comes before us upon general demurrer to the declaration; and the only question to be decided is whether the forfeiture imposed by the laws of New Hamp*122shire upon a person receiving interest at a higher rate than six per cent may be enforced by an action of debt, in favor of the person aggrieved, in this State.
The provisions of the statute, which are substantially set out in the ’declaration, are as follows :
“If any person, upon any contract, receives interest at a higher rate than six per cent, he shall forfeit three times the sum so…
2Cases cited10 opinions
- Hunt v. . HuntNew York Court of Appeals · 1878
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
- Barnet v. National BankSupreme Court of the United States · 1879
- First National Bank v. PriceCourt of Appeals of Maryland · 1871
- Scoville v. CanfieldNew York Supreme Court · 1817
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3Cited by21 opinions
- Miller v. Mun. Court of L. A.California Supreme Court · 1943
- Wellman v. MeadSupreme Court of Vermont · 1919
- Pioneer Credit Corporation v. CardenSupreme Court of Vermont · 1968
- Bowles v. Barde Steel Co.Oregon Supreme Court · 1945
- Adams v. Fitchburg RailroadSupreme Court of Vermont · 1894
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