· 3/18/1980
Beach Associates, Inc. v. Fauser
Citations
- 401 N.E.2d 858
- 9 Mass. App. Ct. 386
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- courts \construe permissive language of a statute as mandatory only if it appears that the Legislature intended such an interpretation\
- within the discretion of the judge to void, rescind, refund, credit any excessive interest, reform the contract, or to provide any other relief consistent with equitable principles
- court found violation of criminal usuiy statute when plaintiffs were obligated to pay one and one-half percent per month interest, plus a finder’s fee of one-half percent per month, i.e., twenty-four percent per year
- “It was within the discretion of the judge, based on all the facts, circumstances, and conditions surrounding the loan, to void it, to rescind it, to refund, to credit any excessive interest paid, to reform the contract, or to provide any other relief consistent with equitable principles”
Source: CourtListener parenthetical corpus (CC0).
Judges: Armstrong, Perretta, Rose
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.