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GUINNESS IMPORT CO. v. DESTEFANO

No. 87-607.

25 Mass. App. Ct. 366 (1988)

518 N.E.2d 858

GUINNESS IMPORT COMPANY vs. GUY DESTEFANO, JR.

Appeals Court of Massachusetts, Norfolk.

February 4, 1988.

Attorney(s) appearing for the Case

Evan T. Lawson (Laura W. Morgan with him) for the defendant.

Michael J. Lacek for the plaintiff.

Present: GRANT, ARMSTRONG, & WARNER, JJ.

ARMSTRONG, J.

The plaintiff (Guinness) brought suit on a promissory note for $228,000 and, having produced the note and established the genuineness of DeStefano's signature thereon, cast on DeStefano the burden of establishing a defense. See G.L.c. 106, § 3-307(2); Coupounas v. Madden, 401 Mass. 125, 129 (1987). In effect, this meant that Guinness was entitled to summary judgment under Mass.R.Civ.P. 56(c),

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