POTI HOLDING CO., INC. v. PIGGOTT


15 Mass. App. Ct. 275 (1983)

444 N.E.2d 1311

POTI HOLDING COMPANY, INC. vs. BURTON PIGGOTT.

Appeals Court of Massachusetts, Worcester.

February 7, 1983.


Attorney(s) appearing for the Case

Anthony D. Toscano for the defendant.

James H. Barnhill for the plaintiff.

Present: GREANEY, KAPLAN, & DREBEN, JJ.


DREBEN, J.

After foreclosing on certain wire insulating machinery, the plaintiff, a secured creditor, sued the guarantor of a promissory note for a deficiency. The case was referred (and recommitted) to a master, who found that although the sale of collateral had not been conducted in a commercially reasonable manner, see G.L.c. 106, § 9-504(3), its fair market value had been realized. The master reported the question whether the plaintiff could

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