Rush Insurance Agency, Inc. v. Noonan

This is an action in contract entered in the Third District Court of Eastern Middlesex. Just prior to the trial justice’s establishing the report, he was mandatorily retired on January 4, 1973. Thereafter, on February 26, 1973, pursuant to Bule 30A of the Buies of the District Courts, the Chief Justice assigned another justice to act in the place of the trial justice, who, in turn, established the report.

The declaration is in four counts:

“Count ! — $10,500.00 for money loaned to the defendant according to an account annexed.

“Count II — $10,500.00 on a promissory note payable to plaintiff made…