TOCCI BROS. CONSTRUCTION CO. INC. v. TOCCI


346 Mass. 651 (1964)

195 N.E.2d 322

TOCCI BROTHERS CONSTRUCTION CO., INC. vs. FRANK TOCCI.

Supreme Judicial Court of Massachusetts, Middlesex.

January 9, 1964.


Attorney(s) appearing for the Case

Samuel H. Cohen for the plaintiff.

Robert A. Curley for the defendant.

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


WHITTEMORE, J.

This is an appeal by the corporate plaintiff from a final decree, which, after confirmation of a master's report, adjudged that the corporation is indebted to the defendant (hereinafter, Frank) for $4,453.85 and ordered payment.

The corporation sued Frank, an officer and stockholder in the family corporation, for an accounting. Frank's answer included the averment that the corporation "is indebted to him for money owed in excess of any credits...

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