Commonwealth v. Frost
Massachusetts Supreme Judicial Court
The defendant was indicted at the present term for corruptly taking and receiving, on the fourteenth day of October, 1807, of one Ebeneser Clough, more than at the rate of six per cent, per annum, for the loan of 200 dollars for ninety days, contrary to the statute, &c.
1Opinion of the Court
The opinion of the Court was delivered by
Parker, J.
This was an indictment against the defendant for usury; and on the trial three points were reserved for the consideration of the Court.
1. Whether Clough, the borrower of the money loaned on usury, he never having paid the money borrowed, was a competent witness, especially being, as alleged by the defendant’s counsel, entitled to one moiety of the penalty, as prosecutor, complainant or informer.
2. Whether the penalty ever accrued, it appearing that the money loaned has not been repaid, but only sixteen dollars, which was taken for the…
2Cited by19 opinions
- Condit v. . BaldwinNew York Court of Appeals · 1860
- O'Ferrall v. SimplotSupreme Court of Iowa · 1857
- Commonwealth v. ShermanMassachusetts Supreme Judicial Court · 1906
- Grow v. AlbeeSupreme Court of Vermont · 1847
- White's Lessee v. HembreeTennessee Supreme Court · 1813
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