Baystate Drywall, Inc. v. Chicopee Savings Bank

Mass. Dist. Ct., App. Div.

Baystate Drywall, Inc. v. Chicopee Savings Bank

1980 Mass. App. Div. 196, 1 Mass. Supp. 692, 1980 Mass. App. Div. LEXIS 75

CourtMassachusetts District Court, Appellate Division

DecidedDecember 2, 1980

StatusPublished

Cited by2 cases

This text of 1980 Mass. App. Div. 196 (Baystate Drywall, Inc. v. Chicopee Savings Bank) is published on Counsel Stack Legal Research, covering Massachusetts District Court, Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baystate Drywall, Inc. v. Chicopee Savings Bank, 1980 Mass. App. Div. 196, 1 Mass. Supp. 692, 1980 Mass. App. Div. LEXIS 75 (Mass. Ct. App. 1980).

Pincite

Opinion

McGuane, J.

It appears to this Court that while the arguments urged on us by both the plaintiff and defendant are novel and unique they are not persuasive in light of the agreed statements of facts.

The agreed statement No. 4 reads: “On June 29, 1976, Josephine I. Tessier signed and delivered a promissory note and security agreement to Chicopee. The security agreement gave Chicopee a security interest in the 1976 Oldsmobile Cutlass Supreme, serial number 3J57F6G108815.”,

We find this agreement to be dispositive of the plaintiff’s arguments that no security interest attached or was enforceable.

The arguments advanced are mixed questions of law and fact.

Once the facts are agreed to by both parties, the losing party cannot then base an appeal on the argument that they were not as stipulated.

After considering all the arguments in this matter, we find no prejudicial error by the trial court. The report is, therefore, to be dismissed.

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