Old Colony Securities Corp. v. Sahlin

This action was brought by the plaintiff, Old Colony Securities Corporation, against the defendants John H. Sahlin and wife, to recover upon two promissory notes executed by the husband in payment of subscriptions to the capital stock of the plaintiff. The complaint sets out two causes of action; the first for a note of five thousand dollars, and the second for a three thousand dollar note.

After the service of defendants’ answer, setting up the cancellation and return to them of the five thousand dollar note, the plaintiff waived recovery upon its first cause of action, and demurred to the…