Wilmot v. Monson

Supreme Court of Connecticut

Wilmot v. Monson

4 Day 114

CourtSupreme Court of Connecticut

DecidedJune 15, 1809

StatusPublished

Cited by1 cases

This text of 4 Day 114 (Wilmot v. Monson) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wilmot v. Monson, 4 Day 114 (Colo. 1809).

Pincite

Opinion

By the Court.

In actions qui tarn, to recover the penalty on the statute entitled “ An act for restraining the taking of excessive usury,” when the plaintiff sets out in his tjeclaration the contract specifically, on which he alleges the usurious sum to have been received, he must prove the contract precisely as set out. In this case, the evidence offered by the plaintiff, in support of his declaration, went to prove a contract variant from the contract set out, and did not support the issue : and it was proper so to instruct the jury.

New trial not to be granted.

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By the Court.

In actions qui tarn, to recover the penalty on the statute entitled “ An act for restraining the taking of excessive usury,” when the plaintiff sets out in his tjeclaration the contract specifically, on which he alleges the usurious sum to have been received, he must prove the contract precisely as set out. In this case, the evidence offered by the plaintiff, in support of his declaration, went to prove a contract variant from the contract set out, and did not support the issue : and it was proper so to instruct the jury.

New trial not to be granted.

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Bluebook (online)

4 Day 114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilmot-v-monson-conn-1809.

Opinion

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