Fairhaven Savings Bank v. Callahan

Following foreclosure of a mortgage given by the defendant to the plaintiff, the plaintiff filed a complaint in a District Court for a deficiency remaining after the foreclosure sale. A District Court judge found for the plaintiff, and the defendant claimed a report to the Appellate Division, which dismissed the report. The defendant appealed the dismissal to this court. We affirm.

From the judge’s findings we learn that the defendant, a practicing attorney, borrowed $40,000 from the plaintiff and gave a note and mortgage to secure the indebtedness. After two mesne conveyances, one by the…