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CARPENTER v. SUFFOLK FRANKLIN SAVINGS BANK

370 Mass. 314 (1976)

346 N.E.2d 892

JOHN WARREN CARPENTER & others vs. SUFFOLK FRANKLIN SAVINGS BANK & others.

Supreme Judicial Court of Massachusetts, Suffolk.

May 13, 1976.

Attorney(s) appearing for the Case

Edward J. Barshak, Lawrence D. Shubow & Herbert H. Hershfang (George S. Abrams with them) for the plaintiffs.

Marshal Simonds for Suffolk Franklin Savings Bank & others.

David W. Walker for Arlington Five Cents Savings Bank & others.

Stanley V. Ragalevsky for Merchants Co-operative Bank & others.

Franklin N. Cunningham for Dorchester Savings Bank & others.

William S. Monahan for The Boston Five Cents Savings Bank & others.

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

BRAUCHER, J.

The Carpenters and the Kayes (the plaintiffs) are mortgagors of real property in Boston to the defendant Suffolk Franklin Savings Bank (Suffolk Franklin). They made payments to Suffolk Franklin, as mortgagee, on account of municipal real estate taxes, and seek an accounting of investment profits realized by Suffolk Franklin on the tax payments. In Carpenter v. Suffolk Franklin Sav. Bank,

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