Levenberg v. Skouras

The action is by an individual bondholder against one of the guarantors of a trust mortgage securing a large issue of bonds. On motion by plaintiff for summary judgment, and on Ms stipulation that in the event the motion were denied the defendant should become entitled to an order dismissing the complaint, the court at Special Term domed plaintiff’s motion and granted an order dismissing the complaint. Order dismissing the complaint and the judgment entered thereon affirmed, with ten dollars costs and disbursements. The bond provided that the instrument of guaranty was annexed to and formed a…