CHITTENDEN TRUST CO. v. LEVITT

No. 87-897.

26 Mass. App. Ct. 208 (1988)

525 N.E.2d 682

CHITTENDEN TRUST CO. vs. EDWARD M. LEVITT.

Appeals Court of Massachusetts, Middlesex.

July 14, 1988.


Attorney(s) appearing for the Case

Karen I. Tenenbaum for the plaintiff.

Edward A. Sokoloff for the defendant.

Present: GREANEY, C.J., KAPLAN, & ARMSTRONG, JJ.


ARMSTRONG, J.

In 1981 the plaintiff, a Vermont bank, brought this collection action against the defendant as guarantor of a note of Redrock Properties, Inc. The bank alleged that the amount due on the note was $340,000. The defendant acknowledged that he had signed the guaranty but denied that there was consideration for his signature. He also counterclaimed, alleging that the bank had assured him subsequent to the signing of the guaranty that the bank would not proceed...

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