Morrison v. Tremont Trust Co.

This is an action in which a count in contract and a count in tort are joined under the statute. G. L. c. 231, § 7, cl. 6. The first count alleges that on or about November 14, 1919, the defendant guaranteed, in writing, the payment of a draft drawn on it by the plaintiff in the sum of $8,850, upon presentation thereof attached to a bill of lading for a shipment of overcoats; and a breach by the defendant of the guaranty. The second count alleges that “on or about the 14th day of November, 1919, the defendant represented that a certain amount of money had been deposited with it in part…