Gerrish v. Black
Massachusetts Supreme Judicial Court
Bill in equity against John Black’s executor, to redeem land ip Chelsea from a mortgage given by the plaintiff to the defendant’s testator in 1850. The answer claimed that $26,000, the face of the mortgage note, were due as the principal of the mortgage debt. The plaintiff, by an amendment to the bill, alleged that only twenty-four thousand dollars were advanced by the mortgagee, and that two thousand dollars were reserved by him as a bonus and as usurious interest.
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Bill in equity against John Black’s executor, to redeem land ip Chelsea from a mortgage given by the plaintiff to the defendant’s testator in 1850. The answer claimed that $26,000, the face of the mortgage note, were due as the principal of the mortgage debt. The plaintiff, by an amendment to the bill, alleged that only twenty-four thousand dollars were advanced by the mortgagee, and that two thousand dollars were reserved by him as a bonus and as usurious interest. The defendant, in his answer to this amendment, alleged that he was wholly ignorant as to the alleged usury, and could neither…
1Opinion of the CourtColt, J.
Many exceptions are taken by both plaintiff and defendant to the findings of the master in matters of fact. The master himself submits to the court, as a question of law, what deduction from the amount found due on the mortgage shall be made upon his finding of usury ; and the defendant raises a question of the competency of the plaintiff as a witness before the master, the other party to the original contract being dead, and also claims, in addition to the allowance of the master, as a compensation for his services in managing the property B.nd collecting the rents, a percentage upon the…
2Cases cited1 opinion
- Gerrish v. BlackMassachusetts Supreme Judicial Court · 1868
3Cited by12 opinions
- Brown v. South Boston Savings BankMassachusetts Supreme Judicial Court · 1889
- Montague v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1878
- Toole v. WeirickMontana Supreme Court · 1909
- Emil Kiewert Co. v. JuneauCourt of Appeals for the Sixth Circuit · 1897
- Long v. RichardsMassachusetts Supreme Judicial Court · 1898
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