RICCI v. MAXCY


1981 Mass. App. Div. 226 (1981)

Louis J. Ricci v. Richard A. Maxcy

Massachusetts Appellate Division, Northern District.

October 16, 1981.


Attorney(s) appearing for the Case

Louis J. Ricci pro se.

Edward T. Troy for the defendant.

Present: Cowdrey, P.J., Forte & Banks, JJ.


Forte, J.

This is an action on a promisory note to pay $2,100 within sixty days. The complaint alleges, and the answer admits, that $2,000 was borrowed and the additional $100 was interest.

In the answer, the defendant alleges the note was in violation of G.L.c. 271, § 49, therefore usurious, and requests, as a defense, the note be declared void.

At the trial, there was evidence that the plaintiff on August 27, 1976 loaned the defendant $2,000...

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