Chinn v. Chinn

The defendant has appealed from a judgment against him for the amount claimed by the plaintiff on an account rendered to the latter by the former. The defense is usury' and payment.

It appears that the defendant was the agent for the plaintiff in collecting from his father’s estate a certain sum of money, and also that he acted as agent in investing it at interest. Subsequent to the rendition of tbe account sued on, to wit: on the sixteenth of March, 1861, the defendant wrote to the plaintiff, acknowledging that he owed him the cash *600balance staled in the account, and saying: “ As the affair…