TRAFTON v. CUSTEAU


338 Mass. 305 (1959)

155 N.E.2d 159

EDWIN R. TRAFTON, executor, vs. ELSIE M. CUSTEAU.

Supreme Judicial Court of Massachusetts, Suffolk.

January 12, 1959.


Attorney(s) appearing for the Case

William J. Ryter, for the plaintiff.

Anthony Brayton, for the defendant, submitted a brief.

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


RONAN, J.

This is an action of contract in three counts upon an indebtedness originally arising out of a loan made by the plaintiff's testate to the defendant. The case is here upon the plaintiff's exceptions to the direction of verdicts for the defendant upon all three counts of the declaration.

The salient facts are these: On December 4, 1953, Archibald Fraser, the plaintiff's testator, a man then seventy-five years of age but deceased since the trial (hereinafter...

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