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GRAZIANO v. ALBERGO

328 Mass. 241 (1952)

103 N.E.2d 323

MICHELE GRAZIANO vs. EDWARD A. ALBERGO.

Supreme Judicial Court of Massachusetts, Suffolk.

January 7, 1952.

Attorney(s) appearing for the Case

F.M. Lewis, for the plaintiff.

D.A. Canning, for the defendant.

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

LUMMUS, J.

The plaintiff, having a cause of action in tort against the defendant for personal injury and property damage, assigned his claim for property damage to his insurance company. Then he brought an action against the defendant in the District Court of East Boston for the personal injury, which was settled by a release of the claim for personal injury only and an agreement for neither party, no further suit to be brought for the same cause of action.

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