Charles v. Davis, Ex'r.

Supreme Court of New Hampshire

Charles v. Davis, Ex'r.

62 N.H. 375

CourtSupreme Court of New Hampshire

DecidedDecember 5, 1882

StatusPublished

Cited by2 cases

This text of 62 N.H. 375 (Charles v. Davis, Ex'r.) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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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.

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)

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Bluebook (online)

62 N.H. 375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-v-davis-exr-nh-1882.

Opinion

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