Prudence Co. v. Sussman

The plaintiff is the holder of a bond and mortgage in the sum of $100,000 and is now in this action seeking to foreclose a portion thereof to the extent of $25,000; seeking also that the sale of the mortgaged premises be made subject to a continuing lien for the balance of said mortgage. The defendant Chodosh appears in the pleadings as a guarantor of the amount due under the said bond and mortgage and is sought to be held herein for any deficiency remaining after a sale of the premises. Counsel for Chodosh challenges the plaintiff’s right, first, to a partial foreclosure and, second, claims…