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GILL EQUIPMENT CO. v. FREEDMAN

339 Mass. 303 (1959)

158 N.E.2d 863

GILL EQUIPMENT COMPANY vs. SAMUEL J. FREEDMAN.

Supreme Judicial Court of Massachusetts, Suffolk.

June 1, 1959.

Attorney(s) appearing for the Case

Edward O. Proctor, (Arthur J. Santry with him,) for the defendant.

James G. Fay, (Arthur L. Brown with him,) for the plaintiff.

Present: WILKINS, C.J., WILLIAMS, COUNIHAN, WHITTEMORE, & CUTTER, JJ.

CUTTER, J.

This is an action of contract for money received by the defendant to the plaintiff's use. A bill of particulars, added by amendment of the declaration, showed "1. Proceeds of a check ... of $15,000, dated January 30, 1948, drawn on The National Metropolitan Bank and payable to the defendant and Anthony J. Forte ... $15,000. 2. Interest on Item 1...." The bill of particulars was later amended, subject to the defendant's exception, by striking out the first...

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