HOWARD v. ZILCH


346 Mass. 33 (1963)

190 N.E.2d 77

JAMES W. HOWARD vs. DONALD W. ZILCH.

Supreme Judicial Court of Massachusetts, Norfolk.

May 6, 1963.


Attorney(s) appearing for the Case

Howard C. Abbott for the plaintiff.

Robert G. Funke for the defendant.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, SPIEGEL, & REARDON, JJ.


SPIEGEL, J.

This is an action of contract in which the plaintiff seeks to recover $3,833.47, with interest thereon. The case was submitted to the Superior Court under a statement of agreed facts. The case is here on the plaintiff's appeal from the order of a judge in the Superior Court that judgment be entered for the defendant.

We summarize the agreed facts. In April of 1956 the plaintiff became an accommodation cosigner on a note payable by the defendant...

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