Fall River Trust Co. v. B. G. Browdy, Inc.

This is the defendant’s appeal from an order for judgment for the plaintiff for $7,596.93 in an action on assigned accounts. The defendant declared in set-off to the extent of the plaintiff’s claim — in count 1 for the value of goods delivered to the plaintiff’s assignor subject to the defendant’s order and not returned, and in count 2 for money had and received.

The case was heard in the Superior Court on the facts set out in a report of an auditor whose findings were not to be final. It was stipulated, however, that the facts set forth in the report were “the sole and only facts to be…