First Federal Savings & Loan Ass'n v. Merrimack Valley National Bank

The plaintiff brought this action seeking rescission of an assignment of a note, secured by a mortgage of real estate in Worcester and by a security agreement in certain personal property, and damages, alleging that it was induced to accept the assignment by the fraud of the defendants. The defendant First National City Bank of New York (Citibank) filed a “Motion to Quash Service and to Dismiss” pursuant to Mass.R.Civ.P. 12(b) (2) (3), 365 Mass. 755 (1974). At the request of the parties the judge acted only on the question of venue and allowed the motion. The plaintiff appealed from the…