Cassel v. Regierer

This is an action to foreclose a mortgage which the plaintiff holds by assignment from one Barney Cohen. The defendant resists judgment, relying upon certain equities existing between him and Cohen at the time of the assignment to the plaintiff. If the defense be adequate, it is available against the assignee, even though she had no actual notice when she took the assignment. Hill v. Hoole, 116 N. Y. 299, 22 N. E. 547, 5 L. R. A. 620; 27 Cyc. 1320, and numerous cases there cited.

The mortgage in question has not yet matured as to its fixed period; but the plaintiff sues because of alleged…