Mejia v. Merrimack Valley Exchange Corp.

11 Mass. L. Rptr. 1
CourtMassachusetts Superior Court
DecidedDecember 7, 1999
DocketNo. 983364E
StatusPublished

This text of 11 Mass. L. Rptr. 1 (Mejia v. Merrimack Valley Exchange Corp.) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mejia v. Merrimack Valley Exchange Corp., 11 Mass. L. Rptr. 1 (Mass. Ct. App. 1999).

Opinion

Garsh, J.

Plaintiff, Robert Mejia (“Mejia”), brings this action seeking damages under a statutory bond issued by defendant, United Casualty and Surety Insurance Company (“United”), to defendant, Merrimack Valley Exchange Corp. (“Merrimack”), pursuant to G.L.c. 169, §2. United now moves for partial summary judgment as to Mejia’s claims against it on the ground that the transactions between Mejia and Merrimack are not covered by the bond. For the following reasons, United’s motion for summary judgment is allowed.

BACKGROUND

On December 8, 1994, United issued Merrimack, as principal, a bond pursuant to G.L.c. 169 in favor of the Treasurer and Receiver General of the Commonwealth of Massachusetts, as obligee (the “Bond”). The Bond contains the following condition: “(I]f the said Merrimack . . . shall faithfully hold and transmit any money, or equivalent thereof, which shall be delivered to it (or them) for transmission to a foreign country, then this obligation shall be void; otherwise it shall remain in full force and effect.” The Bond further provides that “in the event of the insolvency or bankruptcy of the principal the full amount of this bond shall become due and be payable ... for the benefit of the persons making such deposits and of such persons as shall deliver money to it (or them) for transmission to a foreign country.”

From late July 1995 through early August 1995, Mejia delivered a number of checks in Dominican Republican pesos payable to a Merrimack employee in the Dominican Republic. Said checks were delivered in exchange for a number of checks in American dollars payable to Mejia’s sister, Nicaury Mejia, who jointly owned the account with Mejia into which the dollars were deposited. Mejia and Merrimack had been exchanging pesos for dollars in the Dominican Republic over a number of years. Mejia is in the business of buying and selling money. Mejia believed that the pesos he delivered to Merrimack in the Dominican Republic were used by Merrimack to pay people in the Dominican Republic the equivalent of the United States dollars that had been delivered to Merrimack in the United States for transmission to people in that foreign county, but Mejia does not, in fact, know what Merrimack did with the pesos.

The checks which Mejia received in the Dominican Republic from Merrimack during July and August 1995 were returned for insufficient funds. Merrimack is insolvent. Six of the nine checks which were returned for insufficient funds bear the same account number as that designated on Merrimack’s 1995 Application for a License to Engage in the Business of Receiving Deposits of Money for Transmission to Foreign Countries. The maker of those checks was Hector Exchange M.V.E.C.

With respect to all the dollars given to Merrimack in Massachusetts for transmission to named parties in the Dominican Republic, there is no evidence that Merrimack did not provide such parties in the Dominican Republic with pesos equivalent to all of the dollars that had been entrusted to Merrimack. Mejia is not aware of anyone in the Dominican Republic who failed to get his or her funds.

DISCUSSION

Summary judgment shall be granted where there are no material facts in dispute and the moving party is entitled to judgment as a matter of law. Cassesso v. Comm’r of Correction, 390 Mass. 419, 422 (1983); Community Nat’l Bank v. Dawes, 369 Mass. 550, 553 (1976); Mass.R.Civ.R 56(c). The moving party bears the burden of affirmatively demonstrating the absence of a triable issue and that the moving party is entitled to judgment as a matter of law. Pederson v. Time, Inc., 404 Mass. 14, 16-17 (1989). With respect to any claim on which the moving party does not have the burden of proof at trial, the movant may demonstrate the absence of a triable issue either by submitting affirmative evidence that negates an essential element of the opponent’s case or “by demonstrating that proof of that element is unlikely to be forthcoming at trial.” Flesner v. Technical Communications Corp., 410 Mass. 805, 809 (1991); Kourouvacilis v. General Motors Corp., 410 Mass. 706, 716 (1991). “If the moving party [2]*2establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts which would establish the existence of a genuine issue of material fact in order to defeat [the] motion . . .” Pederson, 404 Mass. at 17.

General Laws c. 169, the statute governing “Receipts of Deposits for Transmittal to Foreign Countries,” is applicable to “all persons who engage or are financially interested in the business of receiving deposits of money for the purpose of transmitting the same or equivalents thereof to foreign countries ...” G.L.c. 169, §1. Chapter 169 requires every person subject to the statute to deliver a bond to the state treasurer in a sum equal to twice the average weekly amount of money or equivalents thereof transmitted to foreign countries by such person. G.L.c. 169, §2. According to the statute, the bond is to be “conditioned upon the faithful holding and transmission of any money or equivalents thereof which shall have been delivered to such person for transmission to a foreign country and, in the event of the insolvency or bankruptcy of the principal, upon the payment of the full amount of such bond ... for the benefit of such persons as shall have delivered money or equivalents thereof to said principal for the purpose of transmitting the same to a foreign country.” G.L.c. 169, §2.3 The statute further provides that “[a]ll money received for transmission to a foreign country by any licensee shall be forwarded to the person to whom the same is directed within seven days following receipt thereof.” G.L.c. 169, §8.

Interpretation of a statute is a question of law for the court. Corsetti v. Stone, 396 Mass. 1, 12 (1985); Casey v. Massachusetts Electric Co., 392 Mass. 876, 879 (1984). A statute should be interpreted “according to the intent of the legislature ascertained from all its words construed by the ordinary and approved usage of the language, considered in connection with the cause of its enactment, the mischief or imperfection to be remedied and the main object to be accomplished, to the end that the purpose of its framers may be effectuated.” Champagne v. Champagne, 429 Mass. 324, 326 (1999).

Similarly, the meaning of the Bond presents a question of law for the court. A surety’s bond is a contract which “sets the limits of the surety’s liability." Peerless Insurance Co. v. South Boston Storage & Warehouse, Inc., 397 Mass. 325, 327 (1986). Contract interpretation is generally a question of law. See Allstate Insurance Co. v. Bearce, 412 Mass. 442, 446-47 (1992). The “terms and conditions upon which one becomes a surety are to be ascertained from the instrument creating that undertaking construed in reference to the usages of business, the object sought to be accomplished, the relations of the parties to each other, and the attending circumstances.” Roger Williams Grocery Co. v. Sykes, 357 Mass. 485, 488-89 (1970), quoting Miller v. Perry, 333 Mass. 155, 158 (1955).

Contrary to Mejia’s contention, neither the statute nor the Bond encompasses the type of transactions which occurred between Merrimack and Mejia, that is, a business dealing conducted in the Dominican Republic consisting of exchanging — buying and selling— pesos for dollars. Instead, the governing statute and Bond cover transactions whereby a person deposits money with an authorized money transmitter, who is obliged to transmit the same or its equivalent to a foreign country.

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Related

Casey v. Massachusetts Electric Co.
467 N.E.2d 1358 (Massachusetts Supreme Judicial Court, 1984)
Pederson v. Time, Inc.
532 N.E.2d 1211 (Massachusetts Supreme Judicial Court, 1989)
Corsetti v. Stone Co.
483 N.E.2d 793 (Massachusetts Supreme Judicial Court, 1985)
Community National Bank v. Dawes
340 N.E.2d 877 (Massachusetts Supreme Judicial Court, 1976)
Kourouvacilis v. General Motors Corp.
575 N.E.2d 734 (Massachusetts Supreme Judicial Court, 1991)
Flesner v. Technical Communications Corp.
575 N.E.2d 1107 (Massachusetts Supreme Judicial Court, 1991)
Cassesso v. Commissioner of Correction
456 N.E.2d 1123 (Massachusetts Supreme Judicial Court, 1983)
Miller v. Perry
129 N.E.2d 143 (Massachusetts Supreme Judicial Court, 1955)
Roger Williams Grocery Co. v. Sykes
258 N.E.2d 553 (Massachusetts Supreme Judicial Court, 1970)
Continental Bronze Co. v. Salvo & Armstrong Steel Co.
397 N.E.2d 1143 (Massachusetts Appeals Court, 1979)
Allstate Insurance v. Bearce
589 N.E.2d 1235 (Massachusetts Supreme Judicial Court, 1992)
Commissioner of Banks
141 N.E. 504 (Massachusetts Supreme Judicial Court, 1923)
Peerless Insurance v. South Boston Storage & Warehouse, Inc.
397 Mass. 325 (Massachusetts Supreme Judicial Court, 1986)
Champagne v. Champagne
708 N.E.2d 100 (Massachusetts Supreme Judicial Court, 1999)

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Bluebook (online)
11 Mass. L. Rptr. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mejia-v-merrimack-valley-exchange-corp-masssuperct-1999.