Krikorian v. Grafton Co-operative Bank

The great hurricane of September 21, 1938 (see Hoosac Tunnel & Wilmington Railroad v. New England Power Co. 311 Mass. 667) practically destroyed the roof of a house on premises that were subject to a second mortgage that had been assigned to the plaintiff and to a first cooperative bank mortgage to the defendant. The defendant foreclosed its mortgage on February 24, 1939, and the plaintiff seeks to recover an alleged surplus in the hands of the defendant resulting from the foreclosure sale. The case was referred to an auditor, whose findings of fact were to be final. The defendant raises no…