WHITE STAR CONFECTIONARY v. FIRST AGRIC. BK


1982 Mass. App. Div. 97 (1982)

White Star Confectionary Co., Inc. vs. First Agricultural Bank

Massachusetts Appellate Division, Western District.

April 1, 1982.


Attorney(s) appearing for the Case

Cynthia A. Spinola for the plaintiff.

John F. Rogers for the defendant.

Present: Lenhoff, Larkin & Walsh, JJ.


Lenhoff, J.

The Plaintiff, a junior attaching creditor, seeks to recover from the Defendant holder of a prior mortgage on property of the mortgagor, the sum of $1,037.32 that represents the remaining balance from the mortgagee's foreclosure sale whereby a total sum of $18,500.00 was realized; said Plaintiff claiming that $17,462.68 thereof only was secured to the Defendant by said mortgage.

The complaint of the Plaintiff sets forth that the foreclosure sale...

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