Tomasello, Jr. v. Walton

Ellis, J.,

(dissenting) : With the greatest deference to the opinion of my fellows in this case I venture to dissent from the view expressed in the majority opinion.

My objection to the conclusion reached rests upon the. following principles. The declaration as to three of its; counts consists of common counts for money lent, money paid by plaintiff for the defendant and money received by the defendant for the plaintiff’s use. The third count, consists of a claim for interest upon the sums of money claimed which constitute the basis of the three preceding counts. That count of the declaration…