Kleiman v. Kolker

Benjamin Kolker (plaintiff-appellee) was the holder of a second mortgage dated September 10, 1932, executed to him by David Kleiman (defendant-appellant) and Dorothy Kleiman, his wife, for the sum of $7,947.85. It was payable in three installments: One, for $2,947.85, without interest, on September 10, 1933; two, $2500 on September 10, 1934; and three, $2500 on September 10, 1935; each of the last two installments to bear interest at six per cent from September 10, 1933. Nothing was paid on the principal of the mortgage or interest due thereon, with the exception of $1586.28 paid on March 9,…