269 Mass. 72 | Mass. | 1929
This is an action of contract upon an instrument in writing which among other matters contained a promise to pay $200 to the order of the plaintiff. Originally there were four defendants; the plaintiff discontinued as to two, the court found in favor of another, and the action now is prosecuted against Cataldo alone, who hereafter will be termed the defendant.
There was evidence tending to show that the instrument was founded upon a loan by the plaintiff to the defendant Repetto, that it never had been repaid, and that when the loan was made the instrument bore all the alleged signatures. The defendant testified in his own behalf and made conflicting statements. Although his signature to the instrument was denied in the answer, it was admitted at the trial that his name appended to the instrument was his signature and that he would testify that “he did not read English, did not know what he was signing, and believed the instrument signed was different in kind from that actually signed.” The trial judge stated as facts found by him that he did not believe the testimony of the defendant, that he found the defendant had signed, know
Order dismissing report affirmed.
