McCutcheon v. Shanen

MEMORANDUM FILED

INGLIS, J.

The issue to be determined is as to whether the defendants, Wise and Weissman, have assumed the mortgage now sought to be foreclosed so that they are liable personally for any deficiency which there may be.

*152The mortgage now being foreclosed was given to the plaintiffs on May 23, 1927, by one Jenkins. Thereafter, the defendants Wise, Weissman and Shanen and the deceased Rubin Silverman agreed among themselves to buy the property in question as a partnership venture, it being understood that title should be taken in the name of Shanen and Silverman for the benefit of…