Chittenden Trust Co. v. Maryanski

This is an appeal from a deficiency judgment in favor of the plaintiff bank, as secured party. Plaintiff pleaded execution of two promissory notes, totalling $68,000, and an unpaid balance of $27,518 plus interest. Defendant admitted execution of the notes, but denied the existence of the unpaid balance. Under the heading “Affirmative Defenses,” defendant pleaded, inter alia, that plaintiff failed to sell the collateral in a commercially reasonable manner, and that but for this failure the indebtedness would have been satisfied in full or substantially reduced.

The case was tried on the merits…