Morris Plan Bank & Banking Co. v. Caruana

In this action of contract, in which the plaintiff seeks to recover for amounts allegedly due on certain negotiable promissory notes, the decisive issues are (a) whether the plaintiff was entitled to a requested ruling that it had sustained its burden of proving that the notes in question were signed by the defendant Michael Caruana (“defendant”),1 and (b) whether the evidence warranted a finding for the plaintiff.

The defendant’s answer contained, among other defenses, a general denial, and a denial of genuineness of the signatures with a special *10demand for proof thereof, under G-.L. c. 231,…