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DAHLBORG v. MIDDLEBOROUGH TRUST CO.

16 Mass. App. Ct. 481 (1983)

452 N.E.2d 281

CARLTON DAHLBORG, trustee, vs. MIDDLEBOROUGH TRUST COMPANY.

Appeals Court of Massachusetts, Plymouth.

August 5, 1983.

Attorney(s) appearing for the Case

Richard J. McCarthy for the defendant.

Francis J. Lynch, II, for the plaintiff.

Present: GRANT, ARMSTRONG, & KASS, JJ.

KASS, J.

Middleborough Trust Company (bank) permitted a trustee to use what it knew to be trust money to discharge a personal debt owed to the bank by the trustee. The bank is liable for participation in the breach of trust, Restatement (Second) of Trusts § 324 (1959), and is liable, as well, under G.L.c. 93A, § 11.

We proceed to the facts which the jury could have found. Carlton Dahlborg and his wife Margot owned a fifty-acre dairy farm in Bridgewater...

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