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DUXBURY v. ROBERTS

388 Mass. 385 (1983)

446 N.E.2d 401

RALPH G. DUXBURY vs. JACK E. ROBERTS & others.

Supreme Judicial Court of Massachusetts, Middlesex.

March 9, 1983.

Attorney(s) appearing for the Case

Alan Altman for the defendants.

Matthew H. Feinberg for the plaintiff.

Present: HENNESSEY, C.J., ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.

HENNESSEY, C.J.

The plaintiff, Ralph G. Duxbury, brought this action seeking to recover on a promissory note which was made by the defendants to the order of Keith J.C. Baines, trustee of 22 Phillips Street Realty Trust, and which was allegedly assigned by Baines to him. A judge of a District Court awarded Duxbury the amount of $29,800, with interest. The defendants appealed by way of filing a report to the Appellate Divison of the District Courts,

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