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FRANCIS v. MOGUL

337 Mass. 508 (1958)

150 N.E.2d 924

NATHAN FRANCIS vs. SARAH MOGUL & another.

Supreme Judicial Court of Massachusetts, Suffolk.

May 8, 1958.

Attorney(s) appearing for the Case

Joseph E. Levine, for the defendants.

Louis Kobrin, for the plaintiff, submitted a brief.

Present: WILKINS, C.J., SPALDING, WILLIAMS, COUNIHAN, & CUTTER, JJ.

COUNIHAN, J.

In this action of contract or tort the declaration is in three cgunts. In count 1 the plaintiff alleges that he executed and delivered to Mogul a chattel mortgage on a Mack trailer truck to secure a note for $7,150, and that Mogul without due and sufficient legal notice and without just cause and in breach of her agreement foreclosed the mortgage in an illegal manner and deprived the plaintiff of the ownership of the truck. In count 3 he alleges that...

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