Legal Opinion

Bank of Boston v. Lloyd

Massachusetts District Court, Appellate Division

Decided December 13, 1993Published

1Opinion of the CourtGiles, J.

This is a contract action in which the plaintiff Bank of Boston is seeking to recover a sum of money allegedly owed under a loan agreement. After the trial court entered summary judgment for the plaintiff (the defendant filing no opposition thereto), the defendant sought reconsideration of that order, claiming that he had not been notified of the hearing on plaintiff’s motion for summary judgment. Determining notice of the hearing to the defendant to be adequate and finding the defendant’s failure to defend to be inexcusable, the court conditioned its order to set aside the judgment upon the…

2Cases cited2 opinions

  1. Theurer, Inc. v. Eaton-Turner, Inc.Massachusetts District Court, Appellate Division · 1983
  2. Kayser-Roth Industries, Inc. v. Sylon Industries, Inc.Massachusetts District Court, Appellate Division · 1985

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