COMMONWEALTH BANK AND TRUST COMPANY v. GENS


1986 Mass. App. Div. 127 (1986)

Commonwealth Bank and Trust Company vs. Esther Gens and another

Massachusetts Appellate Division, Municipal Court.

September 4, 1986.


Attorney(s) appearing for the Case

Anthony M. Mocchia for the plaintiff.

Joseph Wine for defendant Esther Gens.

Present: Tierney, Dortch & Johnson, JJ.


Tierney, J.

The issue before this court for review is whether the trial court (Canavan, J.) was correct in issuing a finding for Commonwealth Bank, on an action for interpleader, (assessing damages in the amount of $1,529.29) and against defendant Esther Gens on her Chapter 93A counterclaim.

On May 7, 1982, after being presented with competing claims for $6,948.51, an amount being held in account under the names of defendant Gens and her deceased father, Samuel...

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