ELBAR REALTY, INC. v. CITY BANK & TRUST CO.


342 Mass. 262 (1961)

173 N.E.2d 256

ELBAR REALTY, INC. vs. CITY BANK & TRUST COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

March 15, 1961.


Attorney(s) appearing for the Case

Joseph P. Rooney, (Franklin T. Hammond, Jr. & Ansel B. Chaplin, with him,) for the defendant.

Charles C. Worth, for the plaintiff.

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


CUTTER, J.

The plaintiff (Elbar) seeks to recover from the defendant (City Bank) for the alleged conversion of a United States Treasury certificate of indebtedness.1 The jury found for Elbar in the sum of $101,633.33. City Bank presents its exceptions, among others, to the refusal to direct a verdict for it, to the refusal of a mistrial, and to rulings on evidence. The evidence is stated in its aspect most favorable to Elbar.

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