Cadle Co. v. Proulx

The plaintiff, the Cadle Company, appeals the decision of the Superior Court (Barry, J.) denying its motion for voluntary nonsuit without prejudice. We reverse.

This case has a complicated procedural history arising from the plaintiff’s attempt to collect on a promissory note executed by the defendant, Dennis Proulx. In 1992, the defendant executed a “settlement agreement,” a promissory note for $100,000, and several mortgages and assignments in favor of St. Mary’s Bank. The agreement, note, mortgages, and assignments were subsequently assigned to the plaintiff, an Ohio corporation whose…