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FLAVIN v. MORRISSEY

327 Mass. 217 (1951)

97 N.E.2d 643

JOHN J. FLAVIN, executor, vs. MARGARET T. MORRISSEY.

Supreme Judicial Court of Massachusetts, Suffolk.

February 9, 1951.

March 16, 1951.

Attorney(s) appearing for the Case

H. Corin, for the defendant.

A.R. Shrigley, (J. Eastman with him,) for the plaintiff.

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

WILLIAMS, J.

This is an action in contract for money had and received originally brought by Helen Sargent, hereinafter called the plaintiff, to recover the amount of two checks dated March 28, 1944, alleged to have been received by the defendant. The plaintiff has deceased since the trial and the case is now prosecuted by the executor of her will. There was a finding for the plaintiff by a judge sitting without jury, and...

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