Middlesex County National Bank v. Cole

The question to be decided by this report is whether or not the trial judge erred in allowing the defendant’s motion to dismiss the draft report for failure on the part of the plaintiff to comply with Rule 28 of the District Courts.

The facts briefly are as follows:

On June 2, 1959, the original of the plaintiff’s draft report was mailed to the court and a copy to the defendant’s attorney and the trial justice. According to the time stamp, the original was filed by the court at 8:30 a.m., June 3, 1959. The copies addressed to the attorney for the defendant and the trial justice were received…