HELLER FINANCIAL v. INSURANCE CO. OF NORTH AMERICA


410 Mass. 400 (1991)

573 N.E.2d 8

HELLER FINANCIAL vs. INSURANCE COMPANY OF NORTH AMERICA & another.

Supreme Judicial Court of Massachusetts, Suffolk.

June 13, 1991.


Attorney(s) appearing for the Case

Francis J. Gallagher, Jr., for Insurance Company of North America.

Camille F. Sarrouf (Frank C. Corso & Linda M. Grasso with him) for the plaintiff.

Richard T. Tucker for Guaranty Bank and Trust Company.

Present: LIACOS, C.J., WILKINS, NOLAN, LYNCH, & O'CONNOR, JJ.


LIACOS, C.J.

Insurance Company of North America (INA) appeals from a judgment of the Land Court2 which subordinated a mortgage held by INA to a mortgage held by Heller Financial (Heller). Heller cross appeals, challenging the judge's finding that an "estoppel letter" signed by Heller and by Guaranty Bank and Trust Company (GBT) did not constitute a contract. Heller also appeals from the judge's ruling that neither INA or GBT violated G...

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