WARD v. McMAHON


2002 Mass. App. Div. 115 (2002)

Cheryl Ward v. Edward P. McMahon

Massachusetts Appellate Division, Northern District.

June 25, 2002.


Attorney(s) appearing for the Case

George H. Murphy for the plaintiff.

Louis M. Saab for the defendant.

Present: Merrick, P.J., Curtin & Wright, JJ.


Wright, J.

This is a Dist./Mun. Cts. R. A. D. A., Rule 8C, appeal by the plaintiff of the allowance of the defendant's Mass. R. Civ. P., Rule 12(b)(5), motion to dismiss for insufficient service of process.

The amended complaint alleges that between January, 1989 and June, 1990, the plaintiff made loans totaling $11,715.00 to the defendant for his use in a business venture. The defendant repaid $3,500.00 by making thirty-five $100.00 payments, but stopped...

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