Vermont National Bank v. Clark

Defendants appeal from an order granting summary judgment to plaintiff bank in a foreclosure suit and denying defendants’ motion for permission to appeal pursuant to 12 V.S.A. § 4601. We reverse and remand.

The essence of defendants’ argument is that the bank wrongfully induced them to buy the business, failure of which triggered the foreclosure. Defendants had filed a tort claim of their own on these grounds prior to the foreclosure action and thereafter included the same grounds as affirmative defenses in their answer to the foreclosure complaint. Plaintiff moved for summary judgment, and…