MUCHNICK v. BAY ST. HARNESS HORSE RACING & BREEDING


341 Mass. 578 (1961)

171 N.E.2d 163

ISADORE H.Y. MUCHNICK & another vs. BAY STATE HARNESS HORSE RACING AND BREEDING ASSOCIATION, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

January 3, 1961.


Attorney(s) appearing for the Case

Lawrence H. Adler, for the plaintiffs.

Gerald Gillerman, (Marshall L. Tutun with him,) for the defendant.

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


WILKINS, C.J.

In this action of contract in two counts, each by a different plaintiff to recover upon an "unsecured debenture," the judge sustained a demurrer and, staying further proceedings, reported his ruling to this court. G.L.c. 231, § 111.

Count 1 alleges that the defendant for a consideration executed and delivered to the plaintiff Muchnick an "unsecured debenture" in the principal sum of $12,500, the due date of which is June 1, 1954; and that...

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