Brigham v. Marean

Massachusetts Supreme Judicial Court

Brigham v. Marean

24 Mass. 40

CourtMassachusetts Supreme Judicial Court

DecidedOctober 4, 1828

StatusPublished

This text of 24 Mass. 40 (Brigham v. Marean) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brigham v. Marean, 24 Mass. 40 (Mass. 1828).

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Opinion

Per Curiam.

We see no objection to the action on account of its being brought in the name of Brigham. ¹

The two notes for 65 dollars each were usurious, and being included in the note described in the second count, rendered that also usurious; and three-fold the whole interest, usurious as well as lawful, must be deducted from the sum due on the contract. ²

The plaintiff prevails on the first count and must recover his costs under the general statute provision respecting costs, and the defendant is also entitled to recover his costs, by virtue of St. 1826, c. 27.³

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Per Curiam.

We see no objection to the action on account of its being brought in the name of Brigham. ¹

The two notes for 65 dollars each were usurious, and being included in the note described in the second count, rendered that also usurious; and three-fold the whole interest, usurious as well as lawful, must be deducted from the sum due on the contract. ²

The plaintiff prevails on the first count and must recover his costs under the general statute provision respecting costs, and the defendant is also entitled to recover his costs, by virtue of St. 1826, c. 27.³

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Bluebook (online)

24 Mass. 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brigham-v-marean-mass-1828.