Derderian v. UNION MARKET NATIONAL BANK

This is an action of tort brought by a mortgagor against a mortgagee to recover damages arising out of the improper and wrongful manner in which the mortgagee conducted a foreclosure sale of the mortgaged premises. The judge, subject to the plaintiff’s exceptions, denied various requests for rulings and found for the defendant.

The bank had previously brought a bill in equity to recover the balance due after the foreclosure sale on the promissory note which was secured by the mortgage and which Derderian had given to it. In his answer to the bill in' equity, Derderian had set up that the bank…