JOHNSON v. FAVAZZA


325 Mass. 627 (1950)

91 N.E.2d 780

HERBERT JOHNSON vs. NETTIE FAVAZZA & another.

Supreme Judicial Court of Massachusetts, Essex.

April 10, 1950.


Attorney(s) appearing for the Case

L. Albert, for the defendant Favazza, submitted a brief.

No argument nor brief for the plaintiff.

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


SPALDING, J.

The principal objectives of this bill in equity are to enjoin the foreclosure of a chattel mortgage, and to cancel the mortgage and the note which it secured. The judge made a report of material facts under G.L. (Ter. Ed.) c. 214, § 23, as amended. The evidence is not reported.

Facts admitted in the pleadings and those found by the judge are as follows: On August 19, 1948, the plaintiff and the defendant Messina formed a partnership to deal...

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