Donahue v. Taylor & Taylor

PETTINGELL, J. (Jones, P. J., and Sullivan, J.)

The original' action was brought by John E. Donahue as Receiver of the Essex National Bank of Haverhill; the two defendants are the maker and indorser of a note held by the bank. The writ was dated May 31, 1939. On July 31, 1939, Donahue resigned as receiver and on the same day, Frederick S. Deitrick was appointed receiver in his stead.

March 22, 1941, the action was discontinued as to the defendant Henry L. Taylor. Nothing was done against L. Marlon Taylor, the other defendant, until March 26, 1941, when, by agreement of counsely for Donahue in…