Schayer v. Commonwealth Loan Co.
Massachusetts Supreme Judicial Court
Two ACTIONS, the first being replevin of certain personal property, which had been mortgaged by the plaintiff to the defendant, who was Frank E. Chaffee, doing business under the name of the Commonwealth Loan Company; and the second being tort for an assault and battery alleged to have been committed upon the plaintiff by the servants of the defendant when forcibly removing the property from the plaintiff’s premises.
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Two ACTIONS, the first being replevin of certain personal property, which had been mortgaged by the plaintiff to the defendant, who was Frank E. Chaffee, doing business under the name of the Commonwealth Loan Company; and the second being tort for an assault and battery alleged to have been committed upon the plaintiff by the servants of the defendant when forcibly removing the property from the plaintiff’s premises. The cases were tried together in the Superior Court, before ■Bond, J. The jury returned a verdict for the plaintiff in each case; and the defendant alleged exceptions. The facts…
1Opinion of the CourtBarker, J.
The debt due from the plaintiff to the defendant Chaffee, who seems to have done business under the name of *323the Commonwealth Loan Company, being a loan made since May 22, 1888, upon interest at a rate equivalent to eighty per cent a year, was by force of St. 1888, c. 388, “ dischargeable by the debtor upon payment or tender of the principal sum actually borrowed and interest at the rate of eighteen per centum per annum, from the time said money was borrowed, together with a sum for the actual expenses of making the loan and securing the same, not exceeding ten dollars.” The goods replevied by…
2Cases cited7 opinions
- Borden v. BordenMassachusetts Supreme Judicial Court · 1809
- Linton v. AllenMassachusetts Supreme Judicial Court · 1891
- Weeks v. BakerMassachusetts Supreme Judicial Court · 1890
- Peebles v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1873
- Douglas v. StetsonMassachusetts Supreme Judicial Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Fortune v. National Cash Register Co.Massachusetts Supreme Judicial Court · 1977
- Leigh v. RuleMassachusetts Supreme Judicial Court · 1954
- Thomas G. Jewett, Jr. Inc. v. Keystone Driller Co.Massachusetts Supreme Judicial Court · 1933
- Sandler v. GreenMassachusetts Supreme Judicial Court · 1934
- Donahue v. LeventhalMassachusetts Supreme Judicial Court · 1939
14 more not listed; retrieve them via the Exa API.