Freedman v. Peoples National Bank

The plaintiff is the trustee in bankruptcy of Tremblay Lumber Co., a Massachusetts corporation. As such trustee he brought this action of tort against the defendant to recover damages alleged to have arisen from the foreclosure of a mortgage on real estate owned by the *169bankrupt at a time after the indebtedness intended to be secured by the mortgage had been. paid. At the close of the evidence a verdict was directed for the defendant. The evidence therefore must be considered in its aspect most favorable to the plaintiff.

The evidence of the plaintiff tended to show these facts: The real estate…