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SOUTIER v. KAPLOW

330 Mass. 448 (1953)

115 N.E.2d 149

CLIFFORD E. SOUTIER & another vs. LESTER KAPLOW.

Supreme Judicial Court of Massachusetts, Berkshire.

October 28, 1953.

Attorney(s) appearing for the Case

William J. Conboy, for the plaintiffs.

Lincoln S. Cain & Abraham W. Chesney, for the defendant.

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

WILLIAMS, J.

This is an action of contract or tort brought by Clifford E. Soutier and his wife, Rosemary Soutier, in the District Court of Central Berkshire to recover for damage to the former's automobile resulting from the theft of the automobile while in the possession of the defendant as a bailee for hire. Of the counts in the declaration, count 1 was by Mrs. Soutier for breach of a contract of bailment and counts 2...

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