SHEPARD v. FINANCE ASSOCIATES OF AUBURN, INC.


366 Mass. 182 (1974)

316 N.E.2d 597

JEANETTE P. SHEPARD vs. FINANCE ASSOCIATES OF AUBURN, INC.

Supreme Judicial Court of Massachusetts, Hampden.

August 21, 1974.


Attorney(s) appearing for the Case

Louis Kerlinsky for the plaintiff.

William J. Ledoux for the defendant.

Present: TAURO, C.J., QUIRICO, BRAUCHER, HENNESSEY, & KAPLAN, JJ.


HENNESSEY, J.

This case arises out of a series of credit transactions during 1970 in which the defendant lent a total of $15,000 to the plaintiff, evidenced by three successive notes secured by mortgages on a home owned by her.

By a bill in equity the plaintiff later sought to rescind and render void this transaction on two separate grounds. First, she alleges that at the time of these loans the defendant was engaged in the banking business in violation of...

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