This is an action to recover $3,686.67 had and received. The complaint pleads the money was paid under mistake by plaintiff, and induced by false statements by defendant. Plaintiff borrowed $25,000 from defendant and gave a note for $27,000. The difference was based on interest calculated at the rate of 24% per annum to the due date of the note but the note itself did not provide for interest. The note was not paid when due. Upon default of such a note, in the absence of...
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