Cambridge Sav. Bank v. Cronin Et Al‪.‬

LUMMUS, Justice. This is an action upon a promissory note secured by mortgage of real estate, to recover a deficiency after a foreclosure sale. The deficiency amounted to $22,849.95, with interest from May 10, 1932, the date of the foreclosure sale. The only defense is, that the plaintiff was guilty of misconduct in the foreclosure sale, with the result that the price was unduly low. The plaintiff excepted to the refusal of the trial Judge to direct a verdict for the plaintiff in the full amount of the deficiency. The jury evidently found that the defense was sustained, for the damages awarded the plaintiff amounted to only $2,399.95.