Conway Savings Bank v. Vinick

The plaintiff, the payee named in a note for $8,000 secured by a mortgage of real estate, having foreclosed its mortgage and purchased the real estate at the foreclosure sale for $5,000, has brought this action against the defendant as maker of the note for the balance due thereon after crediting the amount for which the plaintiff purchased the property at the foreclosure sale. A judge of the Superior Court sitting without jury found for the plaintiff in the amount claimed by the plaintiff. At the request of the defendant, who through inadvertence failed seasonably to file exceptions as he in…