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ELLIOTT v. WARWICK STORES, INC.

329 Mass. 406 (1952)

108 N.E.2d 681

ELMER L. ELLIOTT vs. WARWICK STORES, INC.

Supreme Judicial Court of Massachusetts, Hampden.

November 5, 1952.

Attorney(s) appearing for the Case

Samuel L. Thompson, for the plaintiff.

Lawrence D. Friedman, for the defendant.

Present: QUA, C.J., LUMMUS, RONAN, WILKINS, & WILLIAMS, JJ.

WILLIAMS, J.

This is an action of tort for abuse of legal process tried in the District Court of Springfield. The judge found for the plaintiff and reported to the Appellate Division his denial of certain requests for rulings submitted by the defendant. The Appellate Division decided that there was prejudicial error in denying the defendant's twenty-fourth request reading, "That the institution of proceedings by trustee process prior to judgment to enforce the payment...

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