Rhoades v. Secunda

The plaintiff holds a second mortgage note for $2,800, dated June 22, 1932, payable in'instalments, and *2by reason of a provision in the note that “upon default of any payment the whole amount [is] to become due and payable” the plaintiff is entitled to receive the unpaid balance, $2,550, with interest from June 22, 1933. The note was secured by a second mortgage upon real estate on Wendell Avenue in Pittsfield, owned by the maker of the note, the defendant Sadie Secunda, subject to a first mortgage for $8,000 to the Berkshire County Savings Bank, which first mortgage has now been foreclosed…