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NEW ENGLAND ACCEPTANCE CORP. v. AMER. MFR. MUT.

4 Mass. App. Ct. 172 (1976)

344 N.E.2d 208

NEW ENGLAND ACCEPTANCE CORPORATION vs. AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY & another.

Appeals Court of Massachusetts, Suffolk.

March 19, 1976.

Attorney(s) appearing for the Case

Benjamin Goldman (Jacob Shair with him) for the plaintiff.

John J.C. Herlihy for the defendants.

Present: ROSE, KEVILLE, & ARMSTRONG, JJ.

ARMSTRONG, J.

This is an action to recover $35,718.76 paid by the plaintiff, an insurance premium finance company, to two insurance agents, the brothers Ducott. A jury returned verdicts against the Ducotts on four counts of the declaration, one of which alleged that the money had been obtained by a fraudulent scheme whereby the Ducotts sold to the plaintiff forged promissory notes secured by nonexistent insurance policies purportedly written by the Ducotts on behalf...

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