Lembo v. Nappi

This action in assumpsit was brought to recover an unpaid balance on a promissory note. The case was heard by a justice of the superior court sitting without a jury and resulted in a decision for the plaintiff in the amount of $1,000 with interest. The case is before us on the defendant’s exception to that decision.

It is not disputed that on July 28, 1950 defendant, a contractor, borrowed $3,000 from plaintiff and on that date executed a promissory note in the amount of $3,000 payable *357to plaintiff four months from the date thereof. Neither is it disputed that late in January 1951 the parties…