DiBattista v. Butera

Roberts, C. J.,

with whom Powers, J., joins. This is an action in assumpsit to recover money advanced pursuant to an agreement dated September 20, 1951. The action was commenced on June 15, 1964, prior to the effective date of the new superior court rules of civil procedure, but was tried to a justice of that' court, sitting without a jury, subsequent to the effective date of said rules. Following the trial, a judgment was entered for the plaintiff in the amount of $2,600 plus costs and interest. The defendant is in this court prosecuting his appeal from that judgment.

It appears from the…