FIRST BANK v. SIMPSON

(12600)

199 Conn. 368 (1986)

FIRST BANK v. DAVID A. SIMPSON ET AL.

Supreme Court of Connecticut.

Decision released April 15, 1986.


Attorney(s) appearing for the Case

Donn A. Swift, for the appellants (defendants).

David R. Sirois, for the appellee (plaintiff).

HEALEY, SHEA, DANNEHY, CALLAHAN and BARALL, JS.


SHEA, J.

The sole issue on this appeal is whether the holder of a second mortgage is barred from instituting an action on the underlying obligation where it did not pursue a deficiency judgment in a foreclosure action instituted by the first mortgagee. The plaintiff, First Bank, brought this action against the defendants, David A. Simpson, Helen D. Simpson, and D. Bruce Simpson, for collection of a promissory note that had...

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