217 Mass. 144 | Mass. | 1914
The questions of law raised here were decided adversely to the contentions of the defendants in Shawmut Commercial Paper Co. v. Brigham, 211 Mass. 72 and the cases therein cited. The defendants might have discharged their indebtedness by the payment or tender of the sum actually borrowed, with interest and expenses as prescribed by the statute. R. L. c. 102, § 51. Whether it was intended by the reference in that statute to R. L. c. 73, § 3, to limit to six per cent per annum the interest to be paid or tendered, where, as here, the agreement to pay it is not in writing, is not open on the facts.
Order dismissing report affirmed.