Commonwealth v. Churchill
Massachusetts Supreme Judicial Court
This was an indictment against the defendant for corruptly tak mg usurious interest upon a loan of money to one Ebenezer Clough. The pleadings, as far as they apply to the question before the Court, T * 175 1 appeal" in the summary account with which the opinion * of the Court was introduced, as the same was delivered by
1Opinion of the CourtParsons, C. J.
On the second day of April last, Euther Eames sued an action of the case qui tarn against the defendant to recover a penalty for taking usurious interest, against the statute of 1783, c. 55., by which it is provided that the penalty may be recovered by indictment, or by action on the case, one moiety to any person who may prosecute for the same. At the Common Pleas a verdict was found for the defendant, and the plaintiff appealed from the judgment rendered thereon. He entered his appeal at the last November term of this Court, at which term an indictment was found against the defendant for…
2Cases cited2 opinions
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