Opinion

First Agricultural Bank v. Cappuccino of the Berkshires, Inc.

  • 1986 Mass. App. Div. 110
  • 1986 Mass. App. Div. LEXIS 3
Court
Massachusetts District Court, Appellate Division
Filed
Aug 15, 1986
Status
Published
Author
Lenhoff
On the bench
Dohoney, Larkin, Lenhoff
Cited by
0 cases

The opinion

Concurring Opinion

Lenhoff, J.

(concurring) In concurring with this opinion, I wish to point out that though the Bank’s conduct was found by the trial judge to have “tainted' the entire collection process,’’ it came into existence and resulted from and in conjunction with action originating by and from the defendant, Shahram Mashhoud. Consequently, if allowed to stand, the trial judge’s intended, equitable treatment in denying the defendant’s contract obligation to pay attorney’s fees upon default, would reward him for his improper participation. Such a beneficial outcome cannot be permitted to negate the contractual liability of a wrongdoer.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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