Temple v. Corp. of America

Plaintiffs sued for the cancellation of a note in the sum of $1,040, dated October 11,1934, and a trust deed given as security therefor. The bases of the action were: (1) that the instruments were void because at the time of their execution no disclosure of their existence to the Home Owners’ Loan Corporation was made by defendant; (2) that the execution and delivery on October 29, 1934, of a mortgagee’s consent to take the bonds after delivery of the note and trust deed was a complete satisfaction of those instruments. These contentions are reasserted on appeal and in addition thereto…