United Savings Bank v. Barber

The plaintiff United Savings Bank brought a civil action in Windham Superior Court seeking a deficiency judgment against the defendant Barber, a co-maker of a promissory note secured by a mortgage. The defendant moved to dismiss the cause on the ground that the plaintiff had failed during the course of the prior mortgage foreclosure proceedings to seek or obtain leave to pursue a deficiency judgment against him. The superior court, concluding that the plaintiff was estopped from bringing the deficiency judgment proceeding, granted the defendant’s motion to dismiss. The superior court’s order…