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FARMERS & MECHANICS SAVINGS BANK v. TRAINOR

1997 Mass. App. Div. 46 (1997)

Farmers & Mechanics Savings Bank, and another v. Gerard Trainor, and another

Massachusetts Appellate Division, Southern District.

April 7, 1997.

Attorney(s) appearing for the Case

William Korkuch for the plaintiffs.

David Cook for the defendants.

Present: Aguiar, P.J., Welsh & Crimmins, JJ.

Welsh, J.

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 proof. 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...

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