DeMARZO v. VENA


330 Mass. 118 (1953)

111 N.E.2d 797

JOSEPHINE DeMARZO vs. BENJAMIN VENA.

Supreme Judicial Court of Massachusetts, Suffolk.

April 3, 1953.


Attorney(s) appearing for the Case

Edward J. Barshak, for the defendant.

Samuel Meline, (Joseph A. Furnari with him,) for the plaintiff.

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


COUNIHAN, J.

In this action of contract the plaintiff seeks to recover on an account annexed for board, expenses of the last illness of Maria C. Vena, the deceased wife of the defendant, and funeral expenses of said Maria C. Vena. In the last paragraph of his answer the defendant sets out the following: "And further answering the defendant says that he was living apart from his wife for justifiable cause under a decree of the Probate Court in and for the county of...

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