Kasicia v. Kostka, No. 7973.

CourtRhode Island Supreme Court
Writing for the CourtCAPOTOSTO, Justice.
Citation200 A. 476
PartiesKASICIA et al. v. KOSTKA et al.
Decision Date25 June 1938
Docket NumberNo. 7973.
200 A. 476

KASICIA et al.
v.
KOSTKA et al.

No. 7973.

Supreme Court of Rhode Island.

June 25, 1938.


Exceptions from Superior Court, Providence and Bristol Counties.

Action on a note by John Kasicia and others against John Kostka and others, tried to the court without a jury. From a decision for the plaintiffs for $1,735.70, defendants bring exception.

Exception overruled and case remitted to the superior court for entry of judgment on the decision.

Max Winograd and William J. Carlos, both of Providence, for plaintiffs. Joseph G. Le Count, of Providence, and Joseph A. Hammill, of Bristol, for defendants.

CAPOTOSTO, Justice.

&gt

This action in assumpsit against the makers of a promissory note was heard by a justice of the superior court sitting without a jury. The case is before us on the defendants' exceptions to a decision for the plaintiffs for $1,735.70, and to a ruling during the trial. This last exception being neither briefed nor argued is deemed to have been waived.

The note in evidence, which is typewritten on a sheet of paper with the watermark "A Coupon Bond", reads as follows: "Know All Men by These Presents, that we, John Koscka, and his wife, Aniela Koscka, having at various times previous to the date of these presents received the sum of one thousand fifteen dollars ($1,015), from John Kasicia, and his wife, Julia Kasicia, do hereby promise to pay to the said John and Julia Kasicia, with interest at 6%, the said sum of one thousand fifteen dollars ($1,015) upon the termination, successful or otherwise, of an action now pending in the Superior Court of Bristol County, Massachusetts, and begun by Joseph and Rose Boruk, husband and wife, against us. Witness our hands and seals at Fall River, Massachusetts this 11th day of August, 1925." The note bears the signature of "John Koscka", by mark, witnessed by "Joseph Andrews", and the signature of "Aniela Kostka", witnessed by "Martin Libuka."

An exemplified copy of the record of the superior court of Bristol County, Massachusetts, in the action of Joseph Boruk and Rose Boruk against Jan Kostka and Aniela Kostka, was put in evidence by the plaintiff. The final entry in such record is as follows: "On Sept. 3, A. D. 1932 the above entitled case was dismissed under Rule 62 of the Superior Court (1923) for failure to prosecute." The writ in the instant case is dated November 15, 1935.

200 A. 477

The plaintiffs here rested their case after putting in evidence the note and the...

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1 practice notes
  • Indus. Trust Co. v. Wilson, No. 1315.
    • United States
    • Rhode Island Supreme Court
    • June 30, 1938
    ...as in being. Doe v. Clarke, 2 H.Bl. 399; Hall v. Hancock, 15 Pick., 32 Mass., 255, 26 Am.Dec. 598; McLain v. Howald, 120 Mich. 274, 79 N. 200 A. 476 W. 182, 77 Am.St.Rep. 597; 2 Simes, Law of Future Interests, § There is, however, a question as to whether such a child comes into the legal e......
1 cases
  • Indus. Trust Co. v. Wilson, No. 1315.
    • United States
    • Rhode Island Supreme Court
    • June 30, 1938
    ...as in being. Doe v. Clarke, 2 H.Bl. 399; Hall v. Hancock, 15 Pick., 32 Mass., 255, 26 Am.Dec. 598; McLain v. Howald, 120 Mich. 274, 79 N. 200 A. 476 W. 182, 77 Am.St.Rep. 597; 2 Simes, Law of Future Interests, § There is, however, a question as to whether such a child comes into the legal e......

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