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

> Massachusetts District Court, Appellate Division · August 15, 1986 · 1986 Mass. App. Div. 110

URL: https://www.frixlaw.com/law-library/cases/9296112

## Case

- **Full name:** First Agricultural Bank v. Cappuccino of the Berkshires, Inc. and others
- **Court:** Massachusetts District Court, Appellate Division
- **Decided:** August 15, 1986
- **Citations:** 1986 Mass. App. Div. 110; 1986 Mass. App. Div. LEXIS 3
- **Precedential status:** Published
- **Opinion:** Concurrence by Lenhoff
- **Judges:** Dohoney, Larkin, Lenhoff
- **Cited by:** 0 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/9296112

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9296112. Public record. Not legal advice.