Warner & Bailey Co. v. Fox

This case has been held some time because of the pendency before the trial judge of a motion which, if allowed, would render decision here unnecessary. The judge has died and neither party has pushed the motion to decision. We, therefore, decide the appeal as it was left with us.

This ease was submitted on these agreed facts: that in 1927 the defendant, then a resident of Connecticut, became indebted to the plaintiff, a Connecticut corporation which has never had a place of business in Massachusetts. Payments were made, the last being on February 18, 1928.

The writ, dated October 19, 1934,…