Massachusetts District Court, Appellate Division May 15, 1962, No. 155, 597 (Tennessee Plastics, Inc. v. New England Electric Heating Co.)

Garvey, J.

This action commenced by trustee writ, without bond, had an ad damnum of $5,000.00. The writ contained a statement that it was “an action for goods sold and delivered”. The declaration, however, alleged the defendant was indebted to it for money due on promissory notes.