Echikson v. Zalenski

The opinion of the court was delivered, by

Bodine, J.

The writ of error brings up a judgment in favor of one of the defendants entered on a verdict directed by the trial judge in a suit tried upon an agreed state of facts. The plaintiff’s action was upon a bond executed by the husband alone secured by a second mortgage. He sought to recover from the husband and wife, who executed the mortgage, the amount covenanted therein to be due. A first mortgage covering the same property had been foreclosed and there was insufficient moneys realized to pay anything upon the second mortgage. The second…