Eames v. Cushman

The question in this case arises upon a ruling that, upon an auditor’s report, as evidence under the pleadings, the court was not warranted in law in finding for the plaintiff on the sixth, seventh, eighth, and ninth counts of her declaration. These counts were for overdue interest, and the facts disclosed by the report were as follows.

The defendant gave the plaintiff promissory notes in renewal of earlier notes, upon which the interest was overdue. The new notes did not include, and were not received in satisfaction of, the overdue interest; but the question of interest was understood by the…