EASTERN TANK OF PEABODY, INC. v. MOORE


1986 Mass. App. Div. 58 (1986)

Eastern Tank of Peabody, Inc. vs. William Moore and another

Massachusetts Appellate Division, Northern District.

April 4, 1986.


Attorney(s) appearing for the Case

David H. Gibbs for the plaintiff.

Rory Fitzpatrick for the defendants.

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


Jodrey, J.

This is an action in contract in which the plaintiff seeks to recover an alleged $50,000.00 due, plus eighteen (18%) interest per annum, on a demand promissory note signed by the defendants on September 16, 1983.

The plaintiff filed a Dist./Mun. Cts. R. Civ. P., Rule 56 motion for summary judgment. The allegations contained in the plaintiff's complaint and Rule 56 supporting affidavits may be summarized as follows: Defendant William Moore is the...

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