Crimmins & Peirce Co. v. Kidder Peabody Acceptance Corp.

This suit in equity has been reserved for determination by this court upon the substitute bill of complaint and the answers, including the special matter embodied in the answers in the nature of demurrer. The' case will be considered on its merits and it is unnecessary to discuss the demurrer, since in any event the ultimate decision must be adverse to the plaintiffs. Commonwealth v. McNary, 246 Mass. 46, 48. In these circumstances, the facts alleged in the bill and not denied in the.answers and all additional facts well pleaded in the answers must be accepted as true. Joslin v. Boston &…