Shepard v. Finance Associates of Auburn, Inc.
Massachusetts Supreme Judicial Court
1Opinion of the CourtHennessey, J.
This case arises out of a series of credit transactions during 1970 in which the defendant lent a total of $15,000 to the plaintiff, evidenced by three successive notes secured by mortgages on a home owned by her.
By a bill in equity the plaintiff later sought to rescind and render void this transaction on two separate grounds. First, she alleges that at the time of these loans the defendant was engaged in the banking business in violation of provisions of G. L. c. 167 1 and that, accordingly, the instruments executed were illegal and void. Second, she alleges that the Massachusetts statute…
2Cases cited20 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- National Bank v. WhitneySupreme Court of the United States · 1881
- N. C. Freed Company, Inc., and International Roofing Corp. v. Board of Governors of the Federal Reserve System and Federal Trade CommissionCourt of Appeals for the Second Circuit · 1973
- Leigh v. RuleMassachusetts Supreme Judicial Court · 1954
- Jenkins v. North Shore Dye House, Inc.Massachusetts Supreme Judicial Court · 1931
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3Cited by26 opinions
- Baldassari v. Public Finance TrustMassachusetts Supreme Judicial Court · 1975
- Mechanics National Bank of Worcester v. KilleenMassachusetts Supreme Judicial Court · 1979
- Philip R. Bizier v. Globe Financial Services, Inc.Court of Appeals for the First Circuit · 1981
- Lynch v. Signal Finance Co. of QuincyMassachusetts Supreme Judicial Court · 1975
- Doris v. Police Commissioner of BostonMassachusetts Supreme Judicial Court · 1978
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