Cahill v. Pienkos

— Mikoll, J.

Defendants executed a note and mortgage in favor of plaintiff on July 3, 1981 in connection with their purchase of a single-family home. They timely made several monthly payments by personal checks on the mortgage. Defendants relate that there came a time when plaintiff began to hold their monthly payment checks for lengthy periods before finally cashing all of them at one time.

Subsequently, defendants agreed to separate and decided to conclude their financial affairs. According to defendants, when they attempted to close the checking account on which they had been drawing their…