Crescent Credit Union v. Casieri
Crescent Credit Union v. Casieri
Opinion of the Court
The plaintiff, Crescent Credit Union, commenced this action by bringing a bill of interpleader in which it sought an order for distribution of surplus funds of a real estate foreclosure sale of property formerly owned by Michael and Alta Casieri. The appellant, Alta Casieri (Alta), and the appellee Stephen Wainwright, were among the parties defendant. Alta hired Wainwright as counsel on March 5, 1974, to assist her in obtaining a share of the fund. Wainwright submitted an answer in his own behalf and an answer in behalf of Alta. Both answers alleged in part that Alta had executed a demand promissory note and a mortgage to Wainwright on February 25,1972, in the amount of $1,500 plus six per cent interest per annum, and that the note had not been paid. The master found that Wainwright had perfected his lien and was entitled to standing as a secured creditor to collect the sum of $1,762.50 from Alta’s share of the surplus fund. On March 28, 1975, a motion was submitted on behalf of Alta to adopt the master’s report and for judgment on the master’s report. On April 4, 1975, Alta, represented by allegedly “new” counsel, filed an amended motion to adopt the master’s report in which she stated that Wainwright had been fired as her counsel on January 16, 1975, due to his “incompetence.” She also alleged that Wainwright wrongfully represented her while pursuing his own claim against her. See S.J.'C. Rule 3:22, 359 Mass. 816 (1972). See also ABA Code of Professional Responsibility, Ethical Consideration 5-2 of Canon 5 (1970). She then moved that the sum of $1,762.50, which the master found she owed Wainwright, be held in escrow pending further hearing on her conflict of interest allegation. On April 15, 1975, Wainwright filed his own motions to adopt the master’s report and for judgment on the master’s report. The judge adopted the master’s report without modifying that portion of the report concerning Wainwright’s entitlement to $1,762.50 from Alta’s
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.