Newton v. Moffie

The plaintiffs in this action are trustees of a trust established by the will of one Arnold Goodman. By their original complaint in a single count, they sought to recover damages for the trust on the ground that the defendants, Goodman’s former business partners, had intentionally diverted partnership assets in violation of their fiduciary duties. On the day of trial, the parties filed a written stipulation waiving trial by jury. Mass.R.Civ.P. 38(d), 365 Mass. 801 (1974). After the waiver was filed, but before the trial commenced, the plaintiffs moved to amend their complaint to include a…