BAILEY-WAGNER, INC. v. J.T. ST. JOHN CORPORATION


1998 Mass. App. Div. 123 (1998)

Bailey-Wagner, Inc. v. J.T. St. John Corporation, and another

Massachusetts Appellate Division, Western District.

June 16, 1998.


Attorney(s) appearing for the Case

Jay N. Michelman for the plaintiff.

Alan L. Ferrigno for the defendants.

Present: Brennan, LoConto & Gelinas, JJ.


Brennan, J.

This matter came before the Appellate Division of the District Court pursuant to Rule 8C of the District/Municipal Court Rules for Appellate Division Appeal based upon the record of the proceedings. The sole issue before the court is whether the court's allowance of the defendant's motion to amend his answer by adding the defense of novation so prejudiced the plaintiff that the allowance should be reversed.

The facts necessary for consideration...

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