Gardner v. Flagg
Massachusetts Supreme Judicial Court
This was a writ of entry to foreclose a mortgage, originally made by the tenant to William, Stedman and Caleb Moore, executors of the last will of James Richardson, deceased, and by them assigned to the demandant. * The tenant pleaded five several pleas in bar. The three first resulted in issues to the country.
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This was a writ of entry to foreclose a mortgage, originally made by the tenant to William, Stedman and Caleb Moore, executors of the last will of James Richardson, deceased, and by them assigned to the demandant. * The tenant pleaded five several pleas in bar. The three first resulted in issues to the country. The fourth alleged that the mortgagees had taken and received of the mortgagor more than the rate of six per cent, for the loan and forbearance of the mortgage money for the year 1800, viz., 135 dollars for the loan of 750 dollars. The fifth plea alleged the taking and receiving the…
1Opinion of the Court
By the Court.
The security is not void, although an indictment, or an action of the case, may lie for receiving the usury. Let the demandant have judgment on his demurrer.
2Cited by10 opinions
- Lindsay v. HillSupreme Judicial Court of Maine · 1876
- Tuttle v. FowlerSupreme Court of Connecticut · 1852
- City of Aurora v. WestIndiana Supreme Court · 1864
- Knights v. PutnamMassachusetts Supreme Judicial Court · 1825
- Lowell v. JohnsonSupreme Judicial Court of Maine · 1837
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