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SMITH v. ELIOT SAVINGS BANK

355 Mass. 543 (1969)

246 N.E.2d 437

WALTER E. SMITH vs. ELIOT SAVINGS BANK (and a companion case between the same parties).

Supreme Judicial Court of Massachusetts, Norfolk, Suffolk.

April 4, 1969.

Attorney(s) appearing for the Case

Brian J. Moran for the defendant.

Maurice H. Kramer for the plaintiff.

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

SPIEGEL, J.

These are actions of tort for malicious prosecution and trespass which were consolidated for trial to a jury in the Superior Court. At the conclusion of the evidence the judge allowed motions for directed verdicts for the defendant. The cases are here on the plaintiff's exceptions to the allowance of those motions and also to the exclusion from evidence of a certain document.

We state the evidence most...

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