Mass. Higher Education Assistance Corp. v. McCarthy

Plaintiff brought this action to recover monies allegedly owed on a loan made to the defendant. The plaintiff was the guarantor of the loan and when the defendant defaulted, the plaintiff assumed the obligations under the note. At trial, the judge found that the defendant paid the balance of the loan in 1983 and owed the plaintiff nothing. Judgment entered in favor of the defendant. The plaintiff then filed this expedited appeal pursuant to Rule 8A, Dist./Mun. Cts. R.A.D.A. The issue before us is whether the trial judge erred in finding that the plaintiff failed to establish its prima facie…