Ramsay v. Warner
Massachusetts Supreme Judicial Court
The first of these three actions was of contract, to recover the balance due on three promissory notes made by the defendant. The second was a writ of entry, to foreclose two mortgages given by the defendant to secure two of these notes, being the two hereinafter described as for the sums respectively of three hundred dollars and one hundred and thirty-seven dollars and fifty cents.
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The first of these three actions was of contract, to recover the balance due on three promissory notes made by the defendant. The second was a writ of entry, to foreclose two mortgages given by the defendant to secure two of these notes, being the two hereinafter described as for the sums respectively of three hundred dollars and one hundred and thirty-seven dollars and fifty cents. The third was also a writ of enti-y, to foreclose a mortgage given by the defendant to secure the other note, being the note hereinafter described as for the sum of six hundred dollars. The writs were dated,…
1Opinion of the CourtHoar, J.
This case was tried by consent of parties before a judge without a jury, and after a finding of the facts by him in lieu of a verdict, comes before us upon his report of questions of law. It is an action upon promissory notes and an account; and the only questions at issue arise upon two of the notes. To the note of six hundred dollars the defence of usury was set *12up, and the judge has found that usurious interest was reserved in the note, and has deducted from the amount due upon it the forfeiture prescribed by the statute. The plaintiff contends that the. forfeiture has not been incurred,…
2Cited by25 opinions
- F. M. Slagle & Co. v. BushnellSouth Dakota Supreme Court · 1944
- Allen v. EdwardsMassachusetts Supreme Judicial Court · 1883
- Clark v. DiefendorfSupreme Court of Connecticut · 1929
- Russell v. Bond & Goodwin Inc.Massachusetts Supreme Judicial Court · 1931
- Anderson v. NystromSupreme Court of Minnesota · 1908
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