Lisker v. Emery

This action on a promissory note, secured by a mortgage on real estate, against a person whose signature appears on the back of the note below a formal waiver of presentment, demand and notice, was brought to recover a deficit appearing after a foreclosure sale. The trial in the Superior Court before a justice sitting without a jury resulted in a decision for the plaintiff for $58,000 plus interest. The case is here on the defendant’s exception to said decision.

On September 20, 1929, one Myer, the owner of an apartment house, executed a second mortgage thereon to defendant Eimery to secure…