SAFETY FUND NATIONAL BANK v. HURTUBISE


1996 Mass. App. Div. 207 (1996)

Safety Fund National Bank v. Robert Hurtubise

Massachusetts Appellate Division, Western District.

December 9, 1996.


Attorney(s) appearing for the Case

Charles A. Gelinas for the plaintiff.

James D. Gotz for the defendant.

Present: Merrigan, LoConto & Teahan, JJ.


Merrigan, J.

The defendant Robert Hurtubise d/b/a 101 Plaza Car Wash (Hurtubise) appeals from a judgment entered in favor of Safety Fund National Bank, assignee of Double D Construction Co., Inc. (Double D). Double D had sued Hurtubise to collect the balance due on a construction contract where Double D acted as the contractor for the construction of a car wash in Leominster.

After trial before the Fitchburg District Court bench session in May of 1995, the...

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