NEW YORK FACTORS, INC. v. GEORGE LEVINE'S SONS CO.


348 Mass. 404 (1965)

204 N.E.2d 111

NEW YORK FACTORS, INC. vs. GEORGE LEVINE'S SONS CO., INC.

Supreme Judicial Court of Massachusetts, Suffolk.

February 1, 1965.


Attorney(s) appearing for the Case

Paul V. Power for the plaintiff.

Martin W. Cohen for the defendant.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, & REARDON, JJ.


WHITTEMORE, J.

These are the plaintiff's exceptions to the denial of certain requests for rulings in an action tried to a judge without a jury in the Superior Court. The judge found for the plaintiff in the sum of $24,651.24 (due on assigned claims) and for the defendant on its declaration in set-off for the same sum, having also found that the plaintiff's assignor was indebted to the defendant in a larger sum.

The only issue is whether the right of set-off...

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