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SILVER v. FIRST NATIONAL BANK

No. 5678.

108 N.H. 390 (1967)

ROLAND SILVER & a. v. FIRST NATIONAL BANK.

Supreme Court of New Hampshire.

Decided December 29, 1967.

Attorney(s) appearing for the Case

Hall, Zellers, Morse & Gallagher (Mr. Charles T. Gallagher orally), for the plaintiffs.

Cleveland, Waters & Bass and Douglas S. Hatfield, Jr. (Mr. Robert P. Bass, Jr. orally), for the defendant.

KENISON, C. J.

The Trial Court found "there was a lack of due diligence on the part of the defendant in not adjourning the sale in that the ordinary person of average prudence under the circumstances would have adjourned the sale for a reasonable time." Accurately speaking a mortgagee under a power of sale mortgage is not a trustee. 1 Scott, Trusts, s. 9 (3d ed. 1967); Restatement (Second), Trusts, s. 9; 1 Bogert, Trusts & Trustees, s. 29...

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