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247 Mass. 472

Cain v. Ferry

Massachusetts Supreme Judicial Court

Decided January 22, 1924

Massachusetts Supreme Judicial Court · decided 1924-01-22

Cited by 2 later decisions — most recently September 1951

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1924-01-22

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By the court.

¶1This is an action of contract to recover wages alleged to be due to the plaintiff from the defendant. *474The chief defence is that by novation another was substituted for the defendant as debtor to the plaintiff. According to the testimony of the plaintiff no facts existed to warrant a finding of novation. The defendant’s several requests for rulings ” were requests for findings of facts. The general finding of the judge in favor of the plaintiff imported a belief of her testimony and required a refusal to make the findings asked by the defendant.

¶2Order dismissing report affirmed.

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