Bhutani v. Barrington Bank and Trust Company, N.A.

Plaintiff, who was guarantor of note, and mortgagor were found in default on mortgage; property was then foreclosed, and bank took possession of property. Plaintiff filed complaint for conversion and replevin, alleging that bank refused to allow Plaintiff to take possession of pharmaceutical manufacturing equipment that remained on property after bank took possession of it. Plaintiff's claims and foreclosure claim are essentially unrelated so that there can be no bar by prior judgment. Nothing in foreclosure judgment gave bank possessory interest in equipment superior to Plaintiff's interest.(BIRKETT and SPENCE, concurring.)