PENNEY v. FIRST NATIONAL BANK OF BOSTON


385 Mass. 715 (1982)

433 N.E.2d 901

FREDERICK PENNEY vs. THE FIRST NATIONAL BANK OF BOSTON.

Supreme Judicial Court of Massachusetts, Suffolk.

April 6, 1982.


Attorney(s) appearing for the Case

Gary S. Sackrider for the plaintiff.

Edward B. Ginn for the defendant.

Present: HENNESSEY, C.J., WILKINS, NOLAN, LYNCH, & O'CONNOR, JJ.


O'CONNOR, J.

Frederick Penney, a commercial fisherman who borrowed money from the defendant bank, appeals from a summary judgment for the bank on his complaint and from an award of attorney's fees in favor of the bank on its counterclaim. We affirm.

On March 28, 1975, Penney borrowed $32,802.39 from the bank, and executed a promissory note and a security agreement involving a lobster boat. The bank of the note provided that upon default all obligations would...

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