Legal Opinion

Guaranty Bank & Trust Co. v. Winchendon Savings Bank

Massachusetts District Court, Appellate Division

Decided May 20, 1981Published

1Opinion of the CourtLenhoff, J.

This is an action to recover money paid to the defendant-appellee, the holder of a first mortgage on premises in Winchendon, Massachusetts, by the purchaser at a duly held foreclosure sale thereof by the plaintiff-appellant holder of a second mortgage thereon. The money paid by the said purchaser was with the apparent approval of the plaintiff-appellant, it being in the total sum of $21,070.76 to liquidate a balance of $14,823.27 on an original mortgage in the principal sum of $17,000.00, $6,042.32 to pay off a home improvement loan of the original mortgagors that had been advanced by the…

2Cases cited14 opinions

  1. Community National Bank v. DawesMassachusetts Supreme Judicial Court · 1976
  2. Jones v. Brockton Public Markets, Inc.Massachusetts Supreme Judicial Court · 1975
  3. Mongeau v. BoutelleMassachusetts Appeals Court · 1980
  4. Carey v. FitzpatrickMassachusetts Supreme Judicial Court · 1938
  5. Rabinowitz v. People's National BankMassachusetts Supreme Judicial Court · 1920

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