Thompson v. Thompson
Massachusetts Supreme Judicial Court
Assumpsit upon a promissory note, made by the defendant to Solomon Thompson or order, and endorsed to the plaintiff’s testator, William Bennett.
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Assumpsit upon a promissory note, made by the defendant to Solomon Thompson or order, and endorsed to the plaintiff’s testator, William Bennett. The cause was tried upon the general issue, before Parsons, C. J., at an adjournment of the last October term in this county, and a verdict taken for the plaintiff by consent, subject to the following facts contained in the chief justice’s report: — On the third of October, 1807, one Theodore Mitchell was justly indebted to Bennett, the testator, in the sum of 190 dollars 73 cents, and at the same time the defendant was justly indebted to the said…
1Opinion of the Court
The action being continued nisi for the decision of the whole Court, their opinion was delivered to the following effect, at an adjournment of the last March term in Suffolk, Parsons, C. J., Sewall and Parker, Justices, being present:
By the statute of 1783, c. 55, for the restraining the taking of excessive usury, it is enacted that all contracts and assurances whatsoever, made for the payment of any principal or money lent, upon or for usury, whereupon or whereby there shall be reserved or taken above the rate of six pounds in the hundred, shall be utterly void.
*In the case at bar, besides…
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