Sherwin v. Jonas

Order unanimously reversed upon the law, with ten dollars costs and taxable disbursements to appellant, and plaintiff’s motion granted to the extent of striking out the defense pleaded in the answer, and in all other respects denied.

Plaintiff sued on a written guaranty of a promissory note. The note was secured by mortgages, which were not made at the time the note was executed. They had been in existence before the note was made and were then held by the company, which became the payee, as collateral security for other indebtedness due to it by the maker of the note. When the note was made,…