OLD COLONY TRUST CO. v. MERCHANT ENTERPRISES, INC.


332 Mass. 484 (1955)

126 N.E.2d 112

OLD COLONY TRUST COMPANY & another, trustees, & others vs. MERCHANT ENTERPRISES, INC. & another (and a companion case).

Supreme Judicial Court of Massachusetts, Barnstable.

April 6, 1955.


Attorney(s) appearing for the Case

Gerald Gillerman, for the plaintiffs.

No argument nor brief for the defendants.

Present: QUA, C.J., RONAN, SPALDING, & WILLIAMS, JJ.


QUA, C.J.

These two suits were filed in the Superior Court on the same day against the defendant Merchant Enterprises, Inc. In one were many plaintiffs, and the building inspector of Dennis was joined as a defendant. In the other were four of the same plaintiffs, and Merchant Enterprises, Inc., was the only defendant. In each case a demurrer or demurrers were sustained and the bill was dismissed. The plaintiffs appeal from the interlocutory and final decrees. An attempt...

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