Ulin v. Deitrick

BINGHAM, Circuit Judge.

These are cross-appeals from a judgment of the federal District Court for Massachusetts of October 21, 1935, wherein the defendant recovered the sum of $4,393.02, with interest from the date of the writ amounting to $777.57, and his costs. The action was originally brought by Walter A. Kennedy, the plaintiff in Kennedy v. Boston-Continental Nat. Bank (C.C.A.) 84 F.(2d) 592, Nos. 3131-3132, just decided, but, by amendment, Harris Ulin was substituted as plaintiff in place of Kennedy.

In his declaration the plaintiff alleged that the defendant owed him the sum of…