NEWMAN v. GREENBERG


361 Mass. 594 (1972)

281 N.E.2d 590

SAMUEL NEWMAN, trustee in bankruptcy, & another vs. JOSEPH GREENBERG & others.

Supreme Judicial Court of Massachusetts, Norfolk.

April 13, 1972.


Attorney(s) appearing for the Case

Samuel E. Newman (Marshall M. Schribman with him) for the plaintiffs.

Morris Michelson for the defendants.

Present: TAURO, C.J., SPIEGEL, REARDON, & BRAUCHER, JJ.


BRAUCHER, J.

By this bill in equity the plaintiffs seek an injunction against the foreclosure of a mortgage on their land and buildings (DiCastro mortgage), an accounting, and a dissolution of the mortgage. The trial judge made findings, rulings and an order for decree and dismissed the bill, and the plaintiffs appeal. The evidence is reported.

We summarize the judge's findings. The defendant Greenberg in January, 1967, lent $50,000 to the Canton Industrial...

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