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PHINNEY v. TURCOTTE

338 Mass. 728 (1959)

157 N.E.2d 247

FREDERICK H. PHINNEY vs. EDWARD E. TURCOTTE & others.

Supreme Judicial Court of Massachusetts, Middlesex.

March 20, 1959.

Attorney(s) appearing for the Case

Paul C. Hanna, for the defendants.

Robert F. Hayes & Dwight B. MacCormack, for the plaintiff.

Present: WILKINS, C.J., RONAN, WILLIAMS, COUNIHAN, & WHITTEMORE, JJ.

WILLIAMS, J.

This is a proceeding in equity brought on September 13, 1957, for authority to foreclose a second mortgage on real estate in Hopkinton and Westborough given by the defendants Edward E. Turcotte, Everett E. Turcotte, and Gladys L. Turcotte on September 27, 1954, to secure the payment of the following note: "$10,000.00 September 27, 1954 For Value Received we, jointly and severally promise to pay to Frederick H. Phinney ... or order Ten thousand and 00...

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