Brigham v. Marean

Decided October 4, 1828

Massachusetts Supreme Judicial Court · decided 1828-10-04

The maker of a negotiable note which he alleges to be usurious, cannot object that an action upon it against him is brought in the name of an indorsee at the request and for the benefit of the payee. Under St, 1826, c. 27, one who reserves usurious interest on a contract, forfeits threefold the whole interest, usurious as well as lawful. Where the plaintiff declared in one count upon a usurious note, and in another upon a note not usurious, and recovered judgment on both, but with a deduction of threefold interest from the usurious note, it was held, that each party was entitled to costs.

Decided 1828-10-04

Per Curiam.

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

¶2The 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

¶3The 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

¶4 See Sherwood, v. Roys, 12 Pick. 172 ; Fairfield v. Adams, 16 Pick. 383.

¶5 See Parker v. Biglow, 14 Pick. 436; Revised Stat. c. 35, § 2.

¶6 See Parker v. Biglow, 14 Pick. 442; Revised Stat. c. 35, § 2.