Loring v. Mansfield
Massachusetts Supreme Judicial Court
This was an action of assumpsit, for 100 dollars had and received by the defendant, to the use of the plaintiff. Trial upon the general issue, before Jackson, J., at the last March term, at Concord. The case, as stated by the plaintiff’s counsel at the trial, was thus. The plaintiff had given to the defendant a promissory note for about 166 dollars. He had made two several payments, which were endorsed on the note.
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This was an action of assumpsit, for 100 dollars had and received by the defendant, to the use of the plaintiff. Trial upon the general issue, before Jackson, J., at the last March term, at Concord. The case, as stated by the plaintiff’s counsel at the trial, was thus. The plaintiff had given to the defendant a promissory note for about 166 dollars. He had made two several payments, which were endorsed on the note. The present defendant, Mansfield, after-wards brought an action upon that note, against the present plaintiff, Loring. In that action Loring pleaded that the contract was usuri…
1Opinion of the CourtWilde, J.
This case is, I think, distinguishable from that of Rowe vs. Smith, cited at the bar, and from that of Fowler vs. Shearer (3). Both of those cases were decided upon the ground that there was a trust and confidence between the parties, and that it was the duty of the defendant to have credited the sum paid on the note.
In each of those cases the debtor suffered judgment to go against him by default. There was no dispute between the parties, in relation to the note; and the Court did not think it reasonable, that the debtor should be held to retain counsel, and to produce proof of an…
2Cases cited1 opinion
- Rowe v. SmithMassachusetts Supreme Judicial Court · 1820
3Cited by38 opinions
- Wandling v. StrawWest Virginia Supreme Court · 1885
- Greenup v. CrooksIndiana Supreme Court · 1874
- Greenabaum v. ElliottSupreme Court of Missouri · 1875
- Rowe v. SmithMassachusetts Supreme Judicial Court · 1820
- Smith v. WhitingMassachusetts Supreme Judicial Court · 1814
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