Boardman v. Roe
Massachusetts Supreme Judicial Court
The said trustee, upon his examination upon interrogatories, disclosed sundry loans and other transactions between him and Roe, the principal defendant, and,, among the rest the purchase by him of a certain dwellinghouse in Boston.
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The said trustee, upon his examination upon interrogatories, disclosed sundry loans and other transactions between him and Roe, the principal defendant, and,, among the rest the purchase by him of a certain dwellinghouse in Boston. The following interrogatory being then put to him by the plaintiff’s attorney, Fose prayed the opinion of the Court, whether by the law of the land he was bound to answer the same, namely, “ Did you not receive, from the moneys loaned by you, as stated above, more than six per cent, interest on some of the sums so loaned and paid ; and which was included in and…
1Opinion of the Court
By the Court.
The supposed trustee has discharged himself by his answers to the interrogatories put to him, unless he is obliged by law to answer the last interrogatory ; which is intended to draw from him an acknowledgment, that, in the purchase of some real estate of the principal debtor, part of the consideration was a debt arising upon an usurious loan, which the trustee had made to the debtor.
If the object of the interrogatory be, to avoid the conveyance of real estate, it is improper ; because no man shall be held, by his answers, to disparage his title. [‡ Nor, indeed, would the effect…
2Cited by8 opinions
- Greene v. HatchMassachusetts Supreme Judicial Court · 1815
- Barker v. EstySupreme Court of Vermont · 1847
- Russell v. LewisMassachusetts Supreme Judicial Court · 1818
- Davisson v. SmithWest Virginia Supreme Court · 1906
- Hale v. JewellSupreme Judicial Court of Maine · 1831
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