# New England Merchants National Bank v. McPherson

> Massachusetts District Court, Appellate Division · May 4, 1976 · 58 Mass. App. Dec. 106

URL: https://www.frixlaw.com/law-library/cases/9291650

## Case

- **Full name:** NEW ENGLAND MERCHANTS NATIONAL BANK v. JOHN McPHERSON
- **Court:** Massachusetts District Court, Appellate Division
- **Decided:** May 4, 1976
- **Citations:** 58 Mass. App. Dec. 106
- **Precedential status:** Published
- **Opinion:** Concurrence
- **Judges:** Foster
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9291650

## Opinion text

Lewiton, C.J.
concurring:
I concur in the order remanding this case for a new trial. As stated in the opinion by Foster, J., the reported evidence did not warrant a finding that the plaintiff’s sale of the defendant’s motor vehicle, after repossession, was "carried out in a commercially reasonable manner” as required by G.L.c. 255B, §20A (C), and the denial of the defendant’s requesting ruling #11, asserting such insufficiency of the evidence, was erroneous. Since this issue is vital to a determination of the rights of the parties, there must be a new trial.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9291650. Public record. Not legal advice.