Law miscellany. 1782-1788. HLS MS 4218, Harvard Law School Library.

17 Law Miscellany ---

--- Money had and received ---

3 were bound in an usurious Bond --- One of [y.m ?] pd some part --- The [Olig.'ce] feud another of the [blig.'ns?] who pleaded the statute of usury and avoided the Bond --- And action was bro.t [brought?] by him who had paid the Part of the money to recover it back [?] I C held that the action did not lie --- There is no reason why he should recover back the money --- he knowingly [?] on an illegal consideration & is particeps criminis with the receiver & with him punishable -- he parted with it freely and "voliuti non fitinjuria ___ Case cited A. gave B. money while the Custom house [Offrs?] - B expended it for that purpose --- [ackn ] this money ag.t [against?] B ---

18 Law Miscellany

Sup. Ct. {Superior Court}? Plymouth. 4 Tuesday May 1788, [Israel?] Morey esq. [Pltappce?] v D Webster [Sh?] Grafton De[?] app.

In an action of the Case -- For that whereas Jonathan Moulton of Hampton in our county of Rockingham Esq. by the consideration of our Justices of our Superior Court of [Judication?] holden at Exeter for & within our county of Rockingham on the first Tuesday of September Anno Domini Seventeen hundred & eighty four recovered Judgment against the said [I M?] by the name of {I M] of Orford in our county of Grafton Esq. for the sum of £483-12-0 damage of £9-16-5 [Certif-?]

23 Law Miscellany

[fuit?] and afterwards on the twenty ninth day of November when next [seced?] out our Writ of law from the Clerks office of our said Court in due form of law for the said damage and loss upon the Judgment aforesaid directed to the Sheriff of our said County of-- Grafton his under Sheriff or Deputy there in among other things commanding & requiring them or either of them of the Goods Chattels or land of the said [Morey?] within the said county of Grafton to levy Satisfy and pay unto the said [Moulton?] the said sum of £483-12-0 damage & £9-16-5 cost - with 1/6 more for our said Writ of Execution and to levy their non legal fees which paid Writ of {Execution} the said Jonathan afterwards on the

Law Miscellany twenty pounds lawful money ad damnum &c

State of New Hamp Hillsboro ___ The State of New Hampshire To the Sheriff of our county of Hillsboro her under Sherrif or Deputy and all other whom it may concern, Greeting

Whereas AB of C [?] in the County of H. Gentleman had been summoned to apear before the Justices of our Suprerior [?]Court of Juducature now sitting at A [?] and for the said county of H. and [command?] attend without danger of being arrested We command you therefore not to arrest the body of Mr said AB by virtue of any [ ] you now have or may hereafter have against him whilst he is travelling to or from the said Court ordering his atten dance