Bowen v. Stackhouse
Bowen v. Stackhouse
Opinion of the Court
The defendants, Dennis C. Stackhouse and his wife, Lynda, have appealed from a judgment against Dennis in the amount of $30,000 individually and as trustee of Essexwood Realty Trust (Essexwood), and against Dennis and Lynda adjudging a conveyance of real estate by Dennis to himself and Lynda as tenants by the entirety to be fraudulent as against the rights of the plaintiff. There was no error.
1. Judgment was entered for the plaintiff on a motion for summary judgment against Dennis, as trustee of Essexwood. Dennis has not argued
2. The issue of the personal liability of Dennis was tried to a master, whose report was adopted. The master found that Dennis had guaranteed the payment of the two promissory notes which he had signed as trustee. After default, Dennis resigned as trustee of Essexwood. However, he remained liable on the notes. He will not be heard to complain that the plaintiff should look to the mortgages for satisfaction before proceeding against him. See Town Bank & Trust Co. v. Silverman, 3 Mass. App. Ct. 28, 31-32 (1975). Nor is there any merit to the argument that the agreement made between his successor trustee and representatives of the plaintiff should exculpate him. The agreement expressly provides that “nothing herein contained or contemplated shall in any way be construed as a waiver of any rights such Holders may have against any individual guarantor of said promissory notes.”
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.