O'BRIEN v. Slefkin

147 A.2d 183 (1958)

Vincent O'BRIEN et ux.

v.

Hyman L. SLEFKIN et ux.

Ex. No. 9916.

Supreme Court of Rhode Island.

December 17, 1958.

R. deBlois LaBrosse, Walter J. Hennessey, Providence, for plaintiffs.

Philip M. Hak, Pawtucket, for defendants.

PAOLINO, Justice.

This is an action of assumpsit which was brought by mortgagors against second mortgagees to recover a surplus of the proceeds of a foreclosure sale under a second mortgage. After a hearing in the superior court before a justice thereof sitting with a jury, each party moved for a directed verdict. The trial justice granted the plaintiffs'…