Numbers v. Union Mortgage Loan Co.

It is the contention of the defendant that it was the obligation of the plaintiff to take such steps as were necessary and proper to maintain the security, and that by reason of the fact that plaintiff permitted the debt to become outlawed and also failed to file such an affidavit as would have continued the mortgage as against subsequent creditors and purchasers, there is a failure of consideration which constitutes a defense, and also the basis for recovery of instalments theretofore paid.

A consideration of the terms of the agreement between the parties, taken in connection with the facts…