Stone v. Haskell

This is an action to recover the balance alleged to be due upon a mortgage note after applying to it the proceeds of a foreclosure sale under the mortgage. The trial judge * found *284for the plaintiffs and the case is here on exceptions by the defendant to the refusal of the court to rule that the fair market value of the mortgaged premises was $6,000, and that on all the evidence the plaintiffs were not entitled to recover.

W. A. Abbott, for the defendant. S. E. Duffin, for the plaintiffs.

1. The fair market value was a question of fact. There was evidence warranting a finding that it was less…