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SANTA MARIA v. INDUSTRIAL CITY BANK & BANKING CO.

326 Mass. 440 (1950)

95 N.E.2d 176

FRANK SANTA MARIA vs. INDUSTRIAL CITY BANK AND BANKING COMPANY.

Supreme Judicial Court of Massachusetts, Worcester.

November 9, 1950.

Attorney(s) appearing for the Case

W.I. Badger, Jr., (J.E. Connelly with him,) for the defendant.

H.T. George, for the plaintiff, submitted a brief.

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

COUNIHAN, J.

This is an action of contract or tort in which the plaintiff seeks to recover the amount of a check drawn by him on the defendant in favor of one who posed as Heinz Rettig. The trial judge found for the plaintiff. Upon a report to the Appellate Division, prejudicial error was found in the failure of the judge to grant the following two requests for rulings by the defendant: 1. "There is no evidence to warrant...

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