Muchnick v. Bay State Harness Horse Racing & Breeding Ass'n

In this action of contract in two counts, each by a different plaintiff to recover upon an “unsecured debenture,” the judge sustained a demurrer and, staying further proceedings, reported his ruling to this court. Gr. L. c. 231, § 111.

Count 1 alleges that the defendant for a consideration executed and delivered to the plaintiff Muchnick an “unsecured debenture” in the principal sum of $12,500, the due date of which is June 1, 1954; and that after maturity the plaintiff demanded payment, which was not made. Count *5792 alleges that the plaintiff George B. Rittenberg is the owner of the same…