UPTON FUEL & CONSTR. v. THE FIRST NATL. BK.


1992 Mass. App. Div. 65 (1992)

Upton Fuel & Construction Company, Inc. vs. The First National Bank of Boston

Massachusetts Appellate Division, Western District.

March 26, 1992.


Attorney(s) appearing for the Case

Jacob Oppewal for the plaintiff.

John A. Burdick, Jr. for the defendant.

Present: Turcotte, P.J., Dohoney & LoConto, JJ.


LoConto, J.

This matter came before the trial court judge on a statement of agreed facts. He ruled in favor of the defendant as a matter of law and we agree. The relevant facts are as follows.

On June 18, 1987, the defendant (Bank) loaned $10,000.00 to George McLellan and Joseph Fitzpatrick, dba A & J Excavating of East Douglas, Massachusetts. The individuals signed a promissory note for $10,000.00 and a security agreement granting the Bank a security...

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