Legal Opinion

Francis v. Pinault

Massachusetts Superior Court

Decided July 18, 1997No. C 9600625Published

1Opinion of the CourtToomey, J.

INTRODUCTION

Plaintiff (lender) has brought suit against defendant (debtor) seeking equitable relief (utz compelling defendant to sign a new promissory note and mortgage), seeking judgment for the amount due on the original promissory note and seeking G.L.c. 93A relief. After jury-waived trial on June 26, 1997, the following facts are specially found as required by Mass.R.Civ.P. 52(a).

FINDINGS

1. On or about July 1, 1986, the defendant signed a promissory note obligating her to pay to plaintiff $130,000 over 15years. The interest rate was 11% and defendant was required to make 180 monthly…

2Cases cited29 opinions

  1. Polaroid Corp. v. the Travelers Indemnity Co.Massachusetts Supreme Judicial Court · 1993
  2. Yorke v. TaylorMassachusetts Supreme Judicial Court · 1955
  3. Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1871
  4. Covich v. ChambersMassachusetts Appeals Court · 1979
  5. Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907

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