Legal Opinion
Lammerding v. Shawmut Community Bank, N.A.
Massachusetts Appeals Court
Decided June 2, 1982PublishedCited by 4 opinions
1Opinion of the CourtKass, J.
This controversy is before us for the second time. In Lammerding v. Shawmut Community Bank, N.A., 9 Mass. App. Ct. 551 (1980), we remanded the case to the Probate Court for inquiry if the plaintiff could establish either (1) that the bank wrongfully failed to apply the pro*602ceeds of sale to the satisfaction of the indebtedness owed to the bank, or (2) that the bank had sold enough collateral to cover the debt due and unnecessarily sold the additional collateral, namely the Lammerdings’ house. Following remand the bank moved for summary judgment, Mass.R.Civ.P. 56, 365 Mass. 824 (1974), and…
2Cases cited12 opinions
- First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
- Community National Bank v. DawesMassachusetts Supreme Judicial Court · 1976
- Rollins Environmental Services, Inc. v. Superior CourtMassachusetts Supreme Judicial Court · 1975
- John Hubicki v. Acf Industries, Incorporated, John Hubicki v. United Steelworkers of America and Acf Industries, Inc.Court of Appeals for the Third Circuit · 1973
- A-Z Servicenter, Inc. v. SegallMassachusetts Supreme Judicial Court · 1956
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3Cited by4 opinions
- Baybank Middlesex v. 1200 Beacon Properties, Inc.District Court, D. Massachusetts · 1991
- Levites v. ChipmanMassachusetts Appeals Court · 1991
- Salloway v. WoodMassachusetts District Court, Appellate Division · 1994
- Farnsworth v. ReyesMassachusetts Superior Court · 1999