Clark v. Moses , 1 Kirby 143 ( 1786 )


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  • 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.

Document Info

Citation Numbers: 1 Kirby 143

Judges: Whole

Filed Date: 9/15/1786

Precedential Status: Precedential

Modified Date: 11/9/2024