MARINE MIDLAND BANK v. HERRIOTT


10 Mass. App. Ct. 743 (1980)

412 N.E.2d 908

MARINE MIDLAND BANK vs. RICHARD L. HERRIOTT & another (and a companion case).

Appeals Court of Massachusetts, Norfolk, Suffolk.

November 24, 1980.


Attorney(s) appearing for the Case

Joseph L. Kociubes for the plaintiff.

Leonard M. Salter for Westboro Partners.

Leslie H. Rudnick, for Richard L. Herriott & another, submitted a brief.

Present: GREANEY, ROSE, & KASS, JJ.


KASS, J.

Summary judgment under Mass.R.Civ.P. 56, 365 Mass. 824 (1974), was correctly and aptly entered in an action by the plaintiff bank to recover an aggregate $1,403,000 evidenced by four demand notes, each of which the defendant Herriott endorsed and guaranteed. The suit included claims for accrued interest on each of the notes. By way of counterclaim, Herriott alleged in substance that his financial embarrassment ensued by reason of the bank's failure to make...

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