THOMAS v. McHUGH


1996 Mass. App. Div. 48 (1996)

Joseph S. Thomas v. James F. McHugh

Massachusetts Appellate Division, Southern District.

March 18, 1996.


Attorney(s) appearing for the Case

Gerald A. Phelps for the plaintiff.

Lewis Victor for the defendant.

Present: Martin, P.J., Hurley & Rivard-Rapoza, JJ.


Hurley, J.

The plaintiff appeals from the denial of his motion to alter or amend judgment so as to award prejudgment interest.

The defendant executed a promissory note in connection with the plaintiff's sale of his interest in an auto parts store. The defendant defaulted on the note and the plaintiff brought this action to recover the sums due pursuant to the note. The note provides for interest at the rate of 12% per annum on the amount remaining unpaid after...

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