Clark v. Moses

1 Kirby 143

Opinion

By the whole Court.

Nothing appears from the record, but that substantial justice is done between the parties, although the entry is informal. The defendant’s plea, in fact, was insufficient; because it did not set forth the principal pum loaned, nor the sum included in the note for interest and forbearance; so that it might appear whether the contract was usurious or not. It also appears from the record, that the justice heard the witnesses, and on consideration of the-case, gave judgment for the plaintiff;— from whence it may be concluded, that he found the defendant’s plea not only insufficient in law, but unsupported by evidence.