Legal Opinion
Dahlborg v. Middleborough Trust Co.
Massachusetts Appeals Court
Decided August 5, 1983PublishedCited by 10 opinions
1Opinion of the CourtKass, J.
Middleborough Trust Company (bank) permitted a trustee to use what it knew to be trust money to discharge a personal debt owed to the bank by the trustee. The bank is liable for participation in the breach of trust, Restatement (Second) of Trusts § 324 (1959), and is liable, as well, under G. L. c. 93A, § 11.
We proceed to the facts which the jury could have found. Carlton Dahlborg and his wife Margot owned a fifty-acre dairy farm in Bridgewater. In September, 1976, they reached an agreement with Everett L. Estabrooks for the development of their land into a housing subdivision, pursuant to…
2Cases cited19 opinions
- Nader v. CitronMassachusetts Supreme Judicial Court · 1977
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Federal Trade Commission v. Sperry & Hutchinson Co.Supreme Court of the United States · 1972
- PMP Associates, Inc. v. Globe Newspaper Co.Massachusetts Supreme Judicial Court · 1975
- Linthicum v. ArchambaultMassachusetts Supreme Judicial Court · 1979
14 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Irwin & Leighton, Inc. v. W.M. Anderson Co.Court of Chancery of Delaware · 1987
- Adoption of IlonaMassachusetts Supreme Judicial Court · 2011
- Wyler v. Bonnell Motors, Inc.Massachusetts Appeals Court · 1993
- Arthur D. Little, Inc. v. East Cambridge Savings BankMassachusetts Appeals Court · 1994
- Schoenholtz v. DonigerDistrict Court, S.D. New York · 1987
5 more not listed; retrieve them via the Exa API.