Union Trust Co. Ex Rel. Carter v. Carey

OPINION OF THE COURT BY

LE BARON, J.

This is an action of assumpsit for the balance due upon a promissory note. After trial the jury returned a verdict against the defendants, who appeal to this court.

The facts are not in dispute. On September 24, 1934, the defendants executed a promissory note and its securing mortgage, and delivered both to the plaintiff. On December 23, 1936, the mortgage was foreclosed for a default of interest. payments. The plaintiff purchased the mortgaged property and the proceeds of sale were applied to the reduction of the indebtedness represented by the note in suit.

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