Berry v. Makepeace

Assumpsit by the plaintiff in error against the defendant in error upon a count for money had and received. A bill of particulars was filed with the declaration, showing that the demand was for an excess of interest over six per cent., paid on three judgments for 100 dollars each, and one for 51 dollars and 99 cents, rendered by a justice of the peace against Berry and one Williams, and upon which judgment one Kindle became replevin-bail.

Pleas — 1st. The general issue; 2d. That the defendant did not take and receive said money, nor did he promise, as in the declaration alleged, within one…