DiBATTISTA v. BUTERA

No. 298-Appeal.

244 A.2d 857 (1968)

Emilie DiBATTISTA v. John BUTERA.

Supreme Court of Rhode Island.

August 9, 1968.


Attorney(s) appearing for the Case

F. Monroe Allen, Providence, for plaintiff.

Bucci & Rao, Richard A. Ciccone, Providence, for defendant.


OPINION

ROBERTS, Chief Justice with whom POWERS, Associate Justice, joins.

This is an action in assumpsit to recover money advanced pursuant to an agreement dated September 20, 1951. The action was commenced on June 15, 1964, prior to the effective date of the new superior court rules of civil procedure, but was tried to a justice of that court, sitting without a jury, subsequent to the effective date of said rules. Following the trial, a judgment was entered...

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