Massachusetts Supreme Judicial Court December 29, 1954 (Leventhal v. Pierce)

Spalding, J.

In this action of contract the plaintiff sought to recover on six promissory notes. The declaration contains a pair of counts for each note. We need not concern ourselves with the first pair, for at the arguments before us the plaintiff conceded that he was not entitled to recover. Following, apparently, the procedure employed in Adiletto v. Brockton Cut Sole Corp. 322 Mass.