Shawmut Commercial Paper Co. v. Brigham
Massachusetts Supreme Judicial Court
Contract against Percy H. Brigham as maker and Owen Goldsmith as indorser of a negotiable promissory note for $450. - Writ dated May 31, 1910. In the Superior Court the case was tried before Sanderson, J. It appeared that on July 24, 1909, the defendants gave to the plaintiff a note signed and indorsed like the note in suit for $550 payable in four months, and that the actual money lent thereon was $450. On April 8,1910, an action was brought by the plaintiff for a balance…
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Contract against Percy H. Brigham as maker and Owen Goldsmith as indorser of a negotiable promissory note for $450. - Writ dated May 31, 1910. In the Superior Court the case was tried before Sanderson, J. It appeared that on July 24, 1909, the defendants gave to the plaintiff a note signed and indorsed like the note in suit for $550 payable in four months, and that the actual money lent thereon was $450. On April 8,1910, an action was brought by the plaintiff for a balance remaining due on that note. On April 14,1910, the defendants paid the plaintiff $160.50 and gave it the note in suit…
1Opinion of the CourtSheldon, J.
We cannot accept the plaintiff’s contention that the provisions of R. L. c. 102, § 51, apply only to loans secured by mortgage or pledge of personal property. That section is a codification of prior legislation, which began in St. 1888, c. 388. That act by its terms covered “all loans” thereafter contracted “for less than one thousand dollars,” and must of course be applied to all loans whether unsecured or secured in any manner whatever. St. 1890, c. 416, § 6, recognized St. 1888, c. 388, as still in force. By St. 1892, c. 428, § 1, the statute of 1888 was re*74enacted, with a reduction in the…
2Cases cited3 opinions
- Inhabitants of Great Barrington v. GibbonsMassachusetts Supreme Judicial Court · 1908
- Spofford v. State Loan Co.Massachusetts Supreme Judicial Court · 1911
- Reed v. Boston Loan Co.Massachusetts Supreme Judicial Court · 1893
3Cited by12 opinions
- Main v. County of PlymouthMassachusetts Supreme Judicial Court · 1916
- Burnham v. Mayor & Aldermen of BeverlyMassachusetts Supreme Judicial Court · 1941
- Hanley v. Eastern Steamship Corp.Massachusetts Supreme Judicial Court · 1915
- Walsh v. CommonwealthMassachusetts Supreme Judicial Court · 1916
- ROCKLAND-ATLAS NATIONAL BANK v. MurphyMassachusetts Supreme Judicial Court · 1953
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