Charles v. Davis, Ex'r.

Supreme Court of New Hampshire

Charles v. Davis, Ex'r.

62 N.H. 375

Supreme Court of New Hampshire·Decided December 5, 1882·Published·Cited by 2 cases

Opinion

Doe, C. J.

The judgment rendered against this plaintiff in the suit in which he could have pleaded usury, is conclusive evidence of the legality of the mortgage-note. Cooke v. Jones, Cowp. 727; Edmonson v. Popkin, 1 B. & P. 270; Flint v. Sheldon, 13 Mass. 443, 452, 453; Thatcher v. Gammon, 12 Mass. 267; Footman v. Stetson, 32 Me. 17; Tibbetts v. Shapleigh, 59 N. H. 319. “ If there be a bona fide legal process under which money is recovered, although not actually due, it cannot be recovered back, inasmuch as there must be some end to litigation.” Cadaval v. Collins, 4 A. & E. 858, 867.

Judgment for the defendant.

Blodgett, J., did not sit: the others concurred.

Free access — add to your briefcase to read the full text and ask questions with AI

Doe, C. J.

The judgment rendered against this plaintiff in the suit in which he could have pleaded usury, is conclusive evidence of the legality of the mortgage-note. Cooke v. Jones, Cowp. 727; Edmonson v. Popkin, 1 B. & P. 270; Flint v. Sheldon, 13 Mass. 443, 452, 453; Thatcher v. Gammon, 12 Mass. 267; Footman v. Stetson, 32 Me. 17; Tibbetts v. Shapleigh, 59 N. H. 319. “ If there be a bona fide legal process under which money is recovered, although not actually due, it cannot be recovered back, inasmuch as there must be some end to litigation.” Cadaval v. Collins, 4 A. & E. 858, 867.

Judgment for the defendant.

Blodgett, J., did not sit: the others concurred.

Charles v. Davis, Ex'r., 62 N.H. 375 (N.H. 1882).

Pincite

62 N.H. 375 (Charles v. Davis, Ex'r.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Roy M. Circle and Wanda J. Circle, on Behalf of Themselves and Others Similarly Situated v. Jim Walter Homes, Inc., a Corporation, and Mid-State Homes, Inc., a Corporation and Jim Walter Corporation, Rayfield Smiley and Evelyn C. Smiley, on Behalf of Themselves and Others Similarly Situated v. Mid-State Homes, Inc., a Corporation

654 F.2d 688 (Tenth Circuit, 1981)

Circle v. Jim Walter Homes, Inc.

654 F.2d 688 (Tenth Circuit, 1981)

Opinion

Related