GRAMATAN NATIONAL BANK & TRUST CO. v. MOODY


326 Mass. 367 (1950)

94 N.E.2d 771

THE GRAMATAN NATIONAL BANK AND TRUST COMPANY OF BRONXVILLE vs. HOWARD MOODY & another.

Supreme Judicial Court of Massachusetts, Hampshire.

November 1, 1950.


Attorney(s) appearing for the Case

C.V. Ryan, for the plaintiff.

B.G. Brown, for the defendants.

Present: QUA, C.J., LUMMUS, SPALDING, WILLIAMS, & COUNIHAN, JJ.


SPALDING, J.

This is an action of contract in which the plaintiff seeks to recover the unpaid balance of a note. The case was tried to a jury, and at the close of the evidence the plaintiff and the defendants presented motions for directed verdicts. The plaintiff's motion was denied and that of the defendants was granted, and the case comes here on the plaintiff's exceptions to these rulings.

The facts, most of which were not in dispute, were these. The principal...

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