Shawmut Worcester County Bank, N.A. v. Miller

Shawmut Worcester County Bank, N.A. (bank), the secured party, brought this action to recover a deficiency judgment from the defendants, guarantors of three promissory notes, after the primary debtor defaulted on the notes and after the bank sold the collateral at a private sale. In their answer the defendants raised the defense that the bank handled and disposed of the collateral in a manner that was not commercially reasonable. A judge in the Superior Court entered summary judgment for the bank, see Mass. R. Civ. P. 56, 365 Mass. 824 (1974), apparently on the ground that, by the terms of…