Tuthill v. Union Savings Bank

OPINION OF THE COURT

Alfred M. Lama, J.

This is a motion by defendant, the Union Savings Bank (hereinafter referred to as Bank), for summary judgment dismissing the complaint in the action.

The facts in the case are virtually undisputed. Jamesport Vineyards, Inc. (hereinafter referred to as Jamesport) was indebted to plaintiff in the sum of $140,000 with interest. The *732debt was evidenced by a bond and secured by a purchase-money mortgage on real property.

On December 23, 1983, plaintiff gave to Jamesport a satisfaction of the mortgage in exchange for which plaintiff received what purported to be…