Sawyer v. Marmaro

Action is brought to foreclose a mortgage executed by defendants Marmaro upon premises now owned by defendants Simone and Chiovitto, it being contended by the plaintiff that there was a default in the payment of an installment of principal and interest due upon said mortgage on April 1, 1928. Defendants Simone and Chiovitto contend that a six months’ promissory note given by defendants Marmaro on such date constituted payment, and that, therefore, there has been no default.

Prior to April 1, 1928, defendants Marmaro, then the owners of said premises, executed and delivered their bond and…