Fidelity America Financial Corp. v. Revere Restaurant Equipment & Supply

Action of contract brought in the Municipal Court of the City of Boston by the assignee of E. Stein Inc., hereinafter referred to as “Stein,” for goods sold and delivered to the Revere Restaurant Equipment and Supply Company, Inc., hereinafter referred to as “Revere.” The defendant, Revere, filed a Plea in Abatement and in support of this plea alleged that:

(I) By an action brought in the Suffolk Superior Court by writ dated May 7, 1964, and returnable on June 1, 1964, Mark Leipman brought an action of contract against Stein and named as trustees Revere Restaurant Equipment and Supply Company,…