Home Pride Provisions, Inc. v. Safe Deposit Bank & Trust Co.

This is an action of contract remanded to the District Court of Holyoke, in which the plaintiff as second mortgagee seeks to recover the sum of $2,744.88 out of the proceeds of a mortgage foreclosure sale by the defendant, the first mortgagee. The answer was a general denial. The case was tried with certain stipulated facts and on other evidence, There was a finding for the plaintiff in the amount of $2,744.88 with interest from June 9, 1964. The defendant claimed a report.

On March 22, 1963 the defendant received from Walter C. Malanowski and others a mortgage note in the amount of $21,000…