Reed v. Boston Loan Co.
Massachusetts Supreme Judicial Court
Contract, for money had and received. The declaration, as amended, was' as follows: “ And the plaintiff, defining more particularly his cause of action, says that on or about the twenty-ninth day of June, 1888, the plaintiff gave the defendant two notes of $50 and $100 respectively, to bear interest each at the rate of four per cent per month, and secured by two mortgages upon the personal property of the plaintiff, the plaintiff receiving in return for said notes and…
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Contract, for money had and received. The declaration, as amended, was' as follows: “ And the plaintiff, defining more particularly his cause of action, says that on or about the twenty-ninth day of June, 1888, the plaintiff gave the defendant two notes of $50 and $100 respectively, to bear interest each at the rate of four per cent per month, and secured by two mortgages upon the personal property of the plaintiff, the plaintiff receiving in return for said notes and mortgages the sum of $150, less certain amounts paid for expenses. That the plaintiff, during a period of three years from the…
1Opinion of the CourtAllen, J.
The amended declaration fails to show what the plaintiff seeks to recover. We understand, however, from the briefs and the oral discussion at the bar, that he has paid no more than he agreed to pay, but that by virtue of St. 1888, c. 388, he seeks to recover back some part of what he has paid, on the ground that he has paid more than the principal sum due, and interest at the rate of eighteen per cent per annum. The statute comes to the relief of borrowers of less than one thousand dollars at very high rates of interest, by authorizing them to discharge their debt by the payment of the…
2Cited by6 opinions
- ROCKLAND-ATLAS NATIONAL BANK v. MurphyMassachusetts Supreme Judicial Court · 1953
- Shawmut Commercial Paper Co. v. BrighamMassachusetts Supreme Judicial Court · 1912
- Levin v. WallMassachusetts Supreme Judicial Court · 1935
- Koltin v. BrownMassachusetts Supreme Judicial Court · 1919
- Goodman Finance Co. v. DevineMassachusetts District Court, Appellate Division · 1942
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