Farmers & Mechanics Savings Bank v. Trainor

This is an action to recover a balance allegedly due on a promissory note. The trial judge found for the defendant, implicitly finding that the plaintiffs were not holders in due course, an issue on which the plaintiffs had the burden of *47proof. G.L.c. 106, §3-307(3); see Perry v. Schlaikjer, 5 Mass. App. Ct. 864 (1977). The judge made no findings of fact; he was not required to do so. See Dist./Mun. Cts. R Civ. P., Rule 52(a). It cannot be gainsaid that the plaintiff’s ipse dixit that they were holders in due course was valueless in satisfying that element of their prima facie case. Id. at…