Norwood Morris Plan Co. v. McCarthy

This action of contract based upon a promissory note was brought in a district court against the executor of one of the joint and several makers. Recovery is sought of the unpaid balance of $3,000 with interest, together with a reasonable attorney’s fee as provided in the note and alleged to be $225. The defendant seasonably claimed a trial by jury and caused the case to be removed to the Superior Court. G. L. (Ter. Ed.) c. 231, § 104. There the defendant filed an answer containing a general denial, plea of payment, an allegation of lack of consideration, and a denial of the genuineness of…