Carpenter v. Suffolk Franklin Savings Bank

The Carpenters and the Kayes (the plaintiffs) are mortgagors of real property in Boston to the defendant Suffolk Franklin Savings Bank (Suffolk Franklin) . They made payments to Suffolk Franklin, as mortgagee, on account of municipal real estate taxes, and seek an accounting of investment profits realized by Suffolk Franklin on the tax payments. In Carpenter v. Suffolk Franklin Sav. Bank, 362 Mass. 770 (1973) (Carpenter I), we held that a cause of action was stated. On remand, a judge of the Superior Court denied the plaintiffs’ motions to certify the action as a class action and, after trial…