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STRONG v. MERCHANTS MUTUAL INS. CO.

2 Mass. App. Ct. 142 (1974)

309 N.E.2d 510

WILLIAM B. STRONG, SR., trustee, vs. MERCHANTS MUTUAL INSURANCE COMPANY & others.

Appeals Court of Massachusetts, Middlesex.

April 9, 1974.

Attorney(s) appearing for the Case

Joseph M. Cohen for William B. Strong, Sr., trustee.

John M. Crean for Warren Five Cents Savings Bank of Peabody.

Edward Nappan for Merchants Mutual Insurance Company.

Ralph Davis (Allen B. Schwartz with him) for Duco Associates, Inc. & another.

Present: HALE, C.J., GOODMAN, & GRANT, JJ.

GOODMAN, J.

This is a bill for declaratory and other relief (G.L.c. 231A, § 1). The plaintiff, trustee of the Berkeley Trust, seeks a determination that a notice by the defendant Merchants Mutual Insurance Company (insurer) cancelling fire insurance on property owned by the trust was invalid. The plaintiff also seeks a determination that the resulting entry on the property by the Warren Five Cents Savings Bank of Peabody (bank), the holder of a first mortgage...

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