Fitzgerald v. Hart

4 Mass. 429
Massachusetts Supreme Judicial Court·Decided May 15, 1808·Published·Cited by 2 cases

Opinion

Per Curiam.

The defendant, in his plea, admits that the plaintiff has a right of action to recover forty-three dollars seventeen cents, and yet his plea goes to the action. Clearly it is bad. His defence is in equity, where the penalty will be reduced to the sum justly due.

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Fitzgerald v. Hart, 4 Mass. 429 (Mass. 1808).

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