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BAYBANK HARVARD TRUST COMPANY v. COSTELLO

1985 Mass. App. Div. 178 (1985)

Baybank Harvard Trust Company vs. Thomas F. Costello

Massachusetts Appellate Division, Northern District.

September 13, 1985.

Attorney(s) appearing for the Case

Richard A. Gordon for the plaintiff.

Lawrence J. Kenney, Jr. for the defendant.

Present: Doyle, P.J., Forte & Jodrey, JJ.

Jodrey, J.

This is an action in contract in which BayBank Harvard Trust Company (Baybank) seeks damages against Thomas F. Costello (Costello) for his breach of warranty as the indorser of a note, for checking account overdrafts and for money had and received.

The defenses relied upon by Costello are that BayBank or its agent failed to protest upon the dishonor of the check which forms the basis of this controversy,

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