East Side Savings Bank v. Scanlon

The evidence adduced upon the trial established the following facts: On May 19, 1925, the defendants Nelson P. Sanford and Celeste G. Sanford, his wife, to secure the sum of $85,000 delivered to the plaintiff their bond for $170,000, dated that day, secured by the mortgage for $85,000, now being foreclosed, which, by its terms, became wholly due and payable on May 19, 1926. By deed dated February 15, 1927, the defendants Sanford conveyed the premises to the defendant Ethel Berghash who assumed payment of the mortgage debt. Plaintiff knew of this transfer at the time and noted it on its books.…