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NEW ENGLAND MERCHANTS NATL. BK. v. OLD COLONY TRUST CO

356 Mass. 612 (1970)

254 N.E.2d 891

NEW ENGLAND MERCHANTS NATIONAL BANK OF BOSTON, administrator, vs. OLD COLONY TRUST COMPANY & others.

Supreme Judicial Court of Massachusetts, Suffolk.

January 21, 1970.

Attorney(s) appearing for the Case

Virginia Aldrich for the plaintiff.

Allan van Gestel for the defendants.

Present: SPALDING, CUTTER, KIRK, SPIEGEL, REARDON, & QUIRICO, JJ.

SPIEGEL, J.

This is an action of contract or tort to recover the amount represented by certificates of preferred and common stock of the defendant, Associated Textile Companies (Associated). The defendants filed a demurrer to the declaration which was sustained. Subsequently, the plaintiff filed two substitute declarations, to each of which demurrers were sustained. The case is here on the plaintiff's exception to the sustaining of the demurrer1...

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