The Bank of Maine v. Hatch

Lewis Hatch signed a promissory note to an institution later renamed to The Bank of Maine. Although Lewis alone signed the note, both Lewis and Kathleen Hatch secured it by mortgaging undeveloped land. The Bank subsequently filed a foreclosure complaint, and later filed a motion for summary judgment. In support of its motion, the Bank relied on an affidavit of its own employee. The superior court entered summary judgment in favor of the Bank. The Hatches appealed, challenging the foundation presented by the Bank to support the admissibility of its mortgage records pursuant to the business records exception to the hearsay rule. The Supreme Court affirmed the summary judgment, holding that court did not abuse its discretion in considering the evidence, as the affidavit was sufficient to support the foundational facts required for the admissibility of the Bank's business records. View "The Bank of Maine v. Hatch" on Justia Law