CONSUMERS SAVINGS BANK v. COVEN; BULLOCK


8 Mass. App. Ct. 594 (1979)

395 N.E.2d 1331

CONSUMERS SAVINGS BANK vs. IRVING J. COVEN & another, individually and as trustees; GREGORY M. BULLOCK & others, third-party defendants.

Appeals Court of Massachusetts, Worcester.

November 1, 1979.


Attorney(s) appearing for the Case

Milton H. Raphaelson for Irving J. Coven & another.

John W. Connors, pro se, intervener.

Kevin T. Byrne for William H. Matthews.

William W. Hays for the plaintiff.

Robert Martin for Stanley S. Labovitz.

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


KASS, J.

In order to follow the proceedings which have come up on appeal it is helpful first to rehearse those facts which the parties do not dispute.

On October 22, 1971, Irving J. Coven and Jean Coven, as trustees of Maynard Gates Realty Trust and individually (the Covens), borrowed $70,000 from Consumers Savings Bank (the bank). The note which evidenced this loan was secured by a mortgage of premises at 4-6 Gates Street, Worcester. On or about August 1...

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