BOSTON v. McCAFFERTY


328 Mass. 177 (1951)

102 N.E.2d 415

CITY OF BOSTON vs. FRANK McCAFFERTY.

Supreme Judicial Court of Massachusetts, Suffolk.

December 4, 1951.


Attorney(s) appearing for the Case

W.H. Kerr, (H.F. Cicchetti, Assistant Corporation Counsel, with him,) for the plaintiff.

J.J. Sheehan, for the defendant, submitted a brief.

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


RONAN, J.

This is an action of contract brought under G.L. (Ter. Ed.) c. 118A, § 4A, inserted by St. 1941, c. 729, § 5, as appearing in St. 1948, c. 581, § 3, to recover for old age payments to the defendant from January 7, 1949, to March 14, 1950, amounting to $1,084.12. The defendant on November 18, 1949, received $4,000 on account of a legacy of $5,000 bequeathed to him by his brother, and at the time this action was commenced he had $1,584.12 from...

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