Ideal Financing Ass'n v. McPhail

This is an action of contract on a judgment of the Municipal Court of the City of Boston in an action on a promissory note brought by the present plaintiff against the present defendant and two others. At the trial of the present action the evidence showed the following: The writ in the original action, commenced by trustee process, failed to name any plaintiff. It does not appear whether there was an omission of the name of the plaintiff in the copy served upon the defendants. See G. L. (Ter. Ed.) c. 246, § 5. The error in the writ may not have been repeated. Moriarty v. King, 317 Mass. 210,…