Steele v. Franklin
Superior Court of New Hampshire
Assumpsit on a note made by the defendant, and payable to Mrs. Steele, when sole, dated January 7, 1824, for $¡81,36, on demand with interest. Plea, usury.
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Assumpsit on a note made by the defendant, and payable to Mrs. Steele, when sole, dated January 7, 1824, for $¡81,36, on demand with interest. Plea, usury. The cause was tried here, at October Term, 1830, when it appeared that Mrs. Steele was the administratrix of the estate of her late husband, Jonathan Hammond ; that the defendant, on the 7th January, 1822, gave Hammond a note for $65,62, in which unlawful interest to the amount of $12,23, was included, for part forbearance for part of the sum mentioned in the note; that the note now in suit was given to Mrs. Steele, as administratrix ns…
1Opinion of the Court
By the Court.
There must be a new trial ⅛ this case. When a note, given upon a usurious contract, has been transferred to a third person for a valuable consideration, without notice of the usury, and has been taken up, and a new note given to such third person for the amount of the first note, no deduction can be claimed in a suit on the new note, on account of usury in the first note. Ord, 103, a ; 8 D. & E. 390, Cuthbert v. Haley; 10 Johns. 185, Jackson v. Henry; 4 Espin. N. P. C. 21, Turner v. Hulme ; 2 N. H. Rep. 410, Young v. Berkley; 9 Mass. Rep. 45 Bearce v. Barstow.
But when a note, by…
2Cases cited5 opinions
- Jackson ex dem. Bartlett v. HenryNew York Supreme Court · 1813
- Bearce v. BarstowMassachusetts Supreme Judicial Court · 1812
- Chadbourn v. WattsMassachusetts Supreme Judicial Court · 1813
- Gibson v. StearnsSuperior Court of New Hampshire · 1825
- Young v. BerkleySuperior Court of New Hampshire · 1821
3Cited by2 opinions
- Little v. WhiteSuperior Court of New Hampshire · 1836
- Giroux v. Fed Nt’l Mortgage Assoc.District Court, D. New Hampshire · 2014