WARNER v. MODANO


340 Mass. 439 (1960)

164 N.E.2d 904

VERA F. WARNER vs. MICHAEL A. MODANO & another.

Supreme Judicial Court of Massachusetts, Suffolk..

March 7, 1960.


Attorney(s) appearing for the Case

Robert J. Sherer, for the defendant Beale.

Joseph Kruger, (James G. Walsh, Jr., with him,) for the plaintiff.

Present: WILKINS, C.J., SPALDING, WILLIAMS, & WHITTEMORE, JJ.


WHITTEMORE, J.

This is a bill in equity filed September 1, 1955, by the assignee of six trade accounts for goods sold and delivered to the Napoli Super Market alleged to have been conducted by the defendants Beale and Modano as a partnership. The bill seeks to reach and apply a note and mortgage secured by the assets of the market given by Modano to Beale, and was taken as confessed against Modano. A final decree was entered establishing all the claims of the plaintiff...

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