National Shawmut Bank v. Citizens National Bank

This is an action of contract. The plaintiff’s declaration in its final form was in a single count upon an account annexed. It was a count showing a balance due for money lent by the plaintiff to the defendant and not fully repaid, together with interest. The answer of the defendant set up "(1) a general denial, (2) payment, (3) that the act of borrowing was “ultra vires of the defendant,” (4) that there was no loan but an advance of money to be repaid only out of certain assets transferred to the plaintiff by the defendant, and that if the agreement between the parties touching the loan…