Federal National Bank v. O'Connell

This is an action of contract to recover the balance alleged to be due, together with interest, on a demand note given by the defendant to the plaintiff’s predecessor, the Metropolitan Trust Company. The defendant’s answer contains a general denial and allegations of payment and satisfaction. The case was first tried before a judge of the Superior Court sitting without a jury. He found for the defendant. The plaintiff’s exceptions taken at that trial were sustained by this court in Pearson v. O’Connell, 291 Mass. 527. After this decision one Deitrick *560succeeded Pearson as receiver of the…