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McGILLY v. DAY TRUST CO.

340 Mass. 360 (1960)

164 N.E.2d 334

JOHN S. McGILLY, executor, vs. DAY TRUST COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

February 5, 1960.

Attorney(s) appearing for the Case

Abraham J. Zimmerman, for the plaintiff, submitted a brief.

Herbert P. Wilkins, for the defendant.

Present: SPALDING, WILLIAMS, COUNIHAN, & WHITTEMORE, JJ.

WHITTEMORE, J.

Frank P. McGilly on April 26, 1954, gave to the defendant, Day Trust Company (the bank), a note in payment of a note of January 25, 1954, for $24,000. The January note was marked paid and surrendered to McGilly. The note of April 26 bore the figures $24,000, but recited in words the promise to pay "Twenty thousand Dollars." On June 11, 1954, McGilly executed a note to the bank for $2,000. McGilly died July...

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