Silverstein v. Daniel Russell Boiler Works, Inc.

This is a petition for review to reopen an action brought by the plaintiff against the defendant on a promissory note. There was a trial of that action in the Superior Court and verdict was rendered in favor of the defendant. The plaintiff alleged exceptions and the case was reported to this court. The report was not seasonably entered and for that reason the case was dismissed. 254 Mass. 137. In accordance with the rescript, judgment has been entered. It was conceded that failure to enter the report seasonably was due to the negligence of counsel. It is stated in the exceptions: “It further…