ATLANTIC CEMENT CO. v. SOUTH SHORE BANK

No. 83-1685.

730 F.2d 831 (1984)

ATLANTIC CEMENT CO., INC., Plaintiff, Appellant, v. SOUTH SHORE BANK, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 28, 1984.


Attorney(s) appearing for the Case

Peter A. Biagetti, Boston, Mass., with whom Patrick J. Sharkey, and Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., Boston, Mass., were on brief, for plaintiff, appellant.

William F. Macauley, Boston, Mass., with whom A. Van C. Lanckton, Nicholas C. Read, and Craig & Macauley P.C., Boston, Mass., were on brief, for defendant, appellee.

Before COFFIN and ALDRICH, Circuit Judges, and GIGNOUX, Senior District Judge.


BAILEY ALDRICH, Senior Circuit Judge.

For some years plaintiff Atlantic Cement Co., Inc., a Delaware corporation with its principal place of business in Connecticut, had a regular customer, Marshfield Sand and Gravel, Inc. Since November, 1981 Marshfield was allowed an open account. It paid monthly, before the 10th of the month following, in order to receive a discount, usually by check drawn on defendant South Shore Bank. According to plaintiff's complaint Marshfield...

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