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GOVERNOR APARTMENTS, INC. v. CARNEY

342 Mass. 351 (1961)

173 N.E.2d 287

GOVERNOR APARTMENTS, INC. vs. HUGH A. CARNEY, trustee.

Supreme Judicial Court of Massachusetts, Suffolk.

April 3, 1961.

Attorney(s) appearing for the Case

William J. Carr, for the defendant.

S. Myron Klarfeld, for the plaintiff.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.

WHITTEMORE, J.

This was an action in the Municipal Court of the City of Boston to recover money paid under compulsion. The trial judge found for the defendant. The Appellate Division vacated the finding and ordered a finding for the plaintiff in the amount claimed, $597.65.

The evidence set out in the report tended to show the following facts:

The defendant, holding a mortgage on property of the plaintiff in the Brighton district of Boston, brought...

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