EATON FINANCIAL CORPORATION v. DEWAR


1990 Mass. App. Div. 156 (1990)

Eaton Financial Corporation vs. Martha Dewar

Massachusetts Appellate Division, Northern District.

September 24, 1990.


Attorney(s) appearing for the Case

Daniel Brainsky for the plaintiff.

Barry J. Walker for the defendant.

Present: Sherman, P.J., Furnari & Flatley, JJ.


Sherman, P.J.

This is an action in contract in which the plaintiff seeks to recover damages under the terms of an instrument of guaranty executed by the defendant.

The defendant, Martha Dewar, denied the execution and delivery of the instrument, which purported to guarantee the performance of two (2) written equipment leases. As additional defenses, the defendant further pleaded lack of consideration and the failure of the plaintiff to exercise such due diligence...

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