Hanly v. Davis
Massachusetts Supreme Judicial Court
Tort, by the mortgagee of certain personal property, for its conversion. At the trial in the Superior Court, before Lilley, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtKnowlton, J.
The question in this case is whether the demand made by the plaintiff upon the attaching officer stated a just and true account of the debt for which the mortgaged property was liable to him, within the meaning of the Pub. Sts. c. 161, § 75. The demand was for the principal stated in the note secured by the mortgage. It appears that for six months or more the plaintiff had received interest from the mortgagor on the note at the rate of eighty per cent per annum, and that the interest thus paid amounted to much more than eighteen per cent per annum from the time of giving the note.
Under the…
2Cases cited1 opinion
- West v. WhiteMassachusetts Supreme Judicial Court · 1896
3Cited by2 opinions
- Cousins v. O'BrienMassachusetts Supreme Judicial Court · 1905
- Scigliano v. PalmerMassachusetts Supreme Judicial Court · 1914