Himmelman v. Capital City Surety Co.

The premises are at the corner of Broadway and Spring street and known as 530 Broadway, in the city of New York. Plaintiff is the third mortgagee. The face of the first mortgage is $1,500,000 and the face of the second mortgage for $250,000. The third mortgage was to secure a loan of $10,000. At the time the third mortgage was executed the appellant guarantor, Capital City Surety Company, executed a bond in the amount of $11,000 agreeing that it should “ well and truly hold harmless the said plaintiff herein from any and all costs, damages, interests and expenses resulting from any deficiency…