D'ANNOLFO v. D'ANNOLFO CONSTRUCTION CO., INC.

No. 92-P-1455.

39 Mass. App. Ct. 189 (1995)

MICHAEL J. D'ANNOLFO vs. D'ANNOLFO CONSTRUCTION CO., INC., & another.

Appeals Court of Massachusetts, Middlesex.

August 28, 1995.


Attorney(s) appearing for the Case

Brian M. Hurley for the defendants.

Eugene Patrick McCann for the plaintiff.

Present: ARMSTRONG, SMITH, & PORADA, JJ.


ARMSTRONG, J.

The plaintiff sued the maker and guarantor of a fourteen year old promissory note that, by its tenor, had become due in one year. D'Annolfo Construction, the maker, could still be sued under the twenty-year statute of limitations applicable to "[a]ctions upon promissory notes signed [as this note was] in the presence of an attesting witness, if brought by the original payee...." G.L.c. 260, § 1. A jury, by special verdict on the only question put...

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