Rice v. Franklin Loan & Finance Co.

The plaintiffs in error brought this action under the declaratory judgment act, S. L. 1923, c. 98, to declare void a note and chattel mortgage which they gave the Franklin Loan Company, defendant in error. The ground of the action was that the note was usurious under C. L. c. LXIII, entitled Money Lenders. They were nonsuited and bring error.

One reason for the decision was variance between the plaintiff’s allegations and their proof. We do not think it sound. The complaint alleged that plaintiffs “made, executed and delivered to said company their promissory note and chattel mortgage * * The…