Marks v. Follo

This is an action upon a bond alleged to have been given by the defendant to the plaintiffs on June ’23, 1937, conditioned upon thé payment of $7,000, payable fifty dollars on the 21st day of July, 1937, and a like sum on the twenty-first day of each month thereafter until fully paid. After the execution thereof, the defendant conveyed the premises upon which a mortgage had likewise been given as security for the indebtedness, to a Mr. and Mrs. Lutz who assumed payment. The answer, in *109addition to setting forth what is substantially a general denial, sets up as an affirmative defense,…