First National Bank of Boston v. New England Sales, Inc.

This appeal from a Superior Court order (Cumberland County, Lipez, J.) is ancillary to a lender liability action brought by New England Sales, Inc., Diversified Foods, Inc., and Ronald Giguere (collectively the “Borrowers”) against The First National Bank of Boston and Casco Northern Bank, N.A. (the “Banks”), and a separate action brought by the Banks against the Borrowers, seeking to collect debts due to them. The two actions were consolidated. 1 Early in the litigation, the Banks obtained an ex parte order permitting trustee process against certain property of the Borrowers. This appeal is…