STRUETT v. ARLINGTON TRUST CO.


23 Mass. App. Ct. 152 (1986)

499 N.E.2d 845

LOUIS STRUETT vs. ARLINGTON TRUST COMPANY.

Appeals Court of Massachusetts, Middlesex.

November 13, 1986.


Attorney(s) appearing for the Case

Christopher W. Kita (Matthew D. Jones with him) for the plaintiff.

Paul F. Markham for the defendant.

Present: GRANT, KASS, & WARNER, JJ.


WARNER, J.

At issue in this appeal is the consequence, in the circumstances, of the failure of the defendant's counsel to notify the court of a change of his address. Mass.R.Civ.P. 11(d), 365 Mass. 754 (1974).

A statement of the relevant procedural history of this case, which lingered in the Superior Court from complaint to final judgment for over ten and one-half years, is necessary. The plaintiff filed a complaint on July 9, 1975, alleging breach of an employment...

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