Bowery Bank v. Hart

This is an action brought to foreclose a mortgage given by defendants to the plaintiff to secure the payment of a certain note, which was the subject of a suit then pending by the plaintiff against the defendants herein. It was provided in the mortgage that it should be void upon payment of the note, with interest, “ together with all the costs and expenses incurred by said party of the second part in a certain action now pending in the Supreme Court of this State, wherein said party of the second part is plaintiff and said Max Hart and Frieda Hart are defendants.” The note was not paid at…