Martin v. Piscataquis Savings Bank

DELAHANTY, Justice.

James Martin, plaintiff below, brought an action against defendant Piscataquis Savings Bank (hereinafter the Bank) to recover a portion of the monies paid to the Bank in discharge of a mortgage. Essentially, plaintiff’s action challenged the right of the Bank to charge plaintiff for attorney’s fees incurred when the Bank obtained a writ of possession to oust plaintiff from the mortgage estate. Plaintiff paid the attorney’s fees under protest in order to consummate the discharge of the mortgage; his action followed to recover the disputed sum. The Superior Court of…