Charles v. Davis, Ex'r.

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

Court: Supreme Court of New Hampshire · State Highest Courts
Decided: December 5, 1882
Judges: Doe, Blodgett
Citations: 62 N.H. 375

Cited by 2

Headnotes

A judgment of foreclosure on a mortgage, for the whole amount of the mortgage-note, is conclusive evidence of the validity of the note; and the defendant, having paid the amount of the conditional judgment, cannot maintain an action to recover back a part on a claim that usurious interest was a part of the consideration of the note.

Summary

Assumpsit. Facts found by a referee. The plaintiff having given a note secured by mortgage, and a judgment of foreclosure having been rendered against him for the amount of the note, he paid it, and brings this suit to recover back a part on a claim that usurious interest was a part of the consideration of the note.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Doe

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 2 cases

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U.S. Courts of Appeals2

Relies on it most ⓘ

Circle v. Jim Walter Homes, Inc.654 F.2d 688 (10th Cir. 1981)
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 C654 F.2d 688 (10th Cir. 1981)

Most recent

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 C654 F.2d 688 (10th Cir. 1981)
Circle v. Jim Walter Homes, Inc.654 F.2d 688 (10th Cir. 1981)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

Depth	Case	Cited by
	Flint v. Sheldon, 13 Mass. 443 (1816)	20
	Thatcher v. Gammon, 12 Mass. 267 (1815)	8
	Footman v. Stetson, 32 Me. 17 (1850)	2

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