Continental Bank & Trust Co. v. 898 West End Avenue Corp.

We are of the opinion that the court at Special Term was powerless to make the order appealed from.

In June, 1934, the appellant brought action in the Municipal Court of the City of New York against the defendant 898 West End Avenue Corporation upon a bond held by her issued by said defendant in the sum of $500. This bond had already matured, together with five interest coupons then in arrears, making a total sum sued for of $560, besides interest. The plaintiff, respondent, on August *8715,1934, brought action, as trustee, for the foreclosure of a mortgage on the premises of the said defendant 898…