Cosmopolitan Trust Co. v. Ciarla
Massachusetts Supreme Judicial Court
Contract upon a promissory note, with a declaration in set-off, .as described in the opinion. Writ dated December 1,1920. In the Superior Court the action was heard by McLaughlin, J., without a jury, upon an agreed statement of facts.
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Contract upon a promissory note, with a declaration in set-off, .as described in the opinion. Writ dated December 1,1920. In the Superior Court the action was heard by McLaughlin, J., without a jury, upon an agreed statement of facts. He ruled, and reserved and reported the case as follows: “ I am of opinion that upon the facts the plaintiff committed a breach of its contract with the defendant of May 2, 1919, by its failure to maintain abroad at all times an amount of credits equal to all its outstanding obligations of a similar character . . . that such breach of the plaintiff’s contract…
1Opinion of the CourtPierce, J.
This is an action of contract on a promissory note ■of the defendant, whereby the defendant promises to pay the *34plaintiff $700 on demand, at the office of the plaintiff, with interest at six per cent. The defendant in set-off filed a declaration to recover $642.30, as money had and received by the plaintiff to the use of the defendant. The case was heard without a jury in the Superior Court upon an agreed statement of facts. The-trial judge made alternative findings and rulings; and, both parties requesting it, reserved and reported the case upon the agreed facts to this court. “ It is agreed…
2Cited by8 opinions
- Cosmopolitan Trust Co. v. Suffolk Knitting MillsMassachusetts Supreme Judicial Court · 1924
- Augello v. Hanover Trust Co.Massachusetts Supreme Judicial Court · 1925
- Plumer v. Houghton & Dutton Co.Massachusetts Supreme Judicial Court · 1932
- Commissioner of Banks v. Hanover Trust Co.Massachusetts Supreme Judicial Court · 1924
- Cosmopolitan Trust Co. v. WassermanMassachusetts Supreme Judicial Court · 1925
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