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COMMERCE BANK & TRUST COMPANY v. HAYECK

No. 97-P-598.

46 Mass. App. Ct. 687 (1999)

COMMERCE BANK & TRUST COMPANY v. PAUL G. HAYECK & another, coexecutors.

Court of Appeals of Massachusetts, Worcester.

May 7, 1999.

Attorney(s) appearing for the Case

Lawrence S. Delaney for the plaintiff.

Paul G. Hayeck for the defendants.

Present: ARMSTRONG, GILLERMAN, & SPINA, JJ.

SPINA, J.

Commerce Bank and Trust Company (Commerce) commenced suit against George N. Hayeck in the Superior Court for the balance due on a promissory note, of which Hayeck was comaker with one Edward Bryson. Following a trial without jury, a Superior Court judge found Hayeck not liable on the note because he signed it in reliance on misrepresentations by Bryson and by an officer of Commerce, and because Commerce had unjustifiably impaired collateral securing the...

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