BANK OF NEW ENGLAND v. LaPOINTE


1985 Mass. App. Div. 99 (1985)

Bank of New England vs. Gilbert R. LaPointe and another

Massachusetts Appellate Division, Municipal Court.

May 6, 1985.


Attorney(s) appearing for the Case

Daniel Briansky for the plaintiff.

William F. Brewin, Jr. for the defendants.

Present: Pino, Hurley & Dortch, JJ.


Pino, J.

This is an action to recover a deficiency which arose when the plaintiff, acting under the provisions of a note and chattel mortgage, took possession of the chattel, a tractor trailer, after default on the note and then sold it to a third party for a sum less than the amount due from the debtor. It is clear that the sale was conducted without notice to the debtor as required under c. 106, Mass. Gen. Laws, § 9-504(3). There is, also, a finding by the...

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