American Guaranty Corp. v. Meeting House Hill Co-operative Bank

Action of contract to recover money had and received in the amount of $11,475.76.

On April 13,1965 the Meeting House Hill Cooperative Bank (hereinafter the “Bank”) foreclosed on a mortgage covering certain real estate owned by James H. Dixon and Joan Dixon located in Marion, Massachusetts. The Bank realized $11,475.76 of surplus funds after satisfying in full its claims for principal, interest, *121and expenses of sale. Prior to the foreclosure, creditors of the Dixons’ had attached their interest in the mortgaged premises. One of the attaching creditors attempted in this action to reach the…