John B. Deary, Inc. v. Crane

The principal issue here concerns the correctness of an order of a Superior Court judge granting the plaintiff’s motion for summary judgment as to the defendants under Mass.R.Civ.P. 56, 365 Mass. 824 (1974).

On December 1, 1972, Jones and Crane, as trustees of Jones-Crane Trust, executed a promissory note, secured by a mortgage, in the amount of $32,405.49 payable to the plaintiff, John B. Deary, Inc., a Massachusetts corporation, on or before December 1,1972. On the same date the defendants and Jones individually executed a separate promissory note jointly and severally promising to pay…