Wesselman v. Engel Co.

In this action to foreclose a mortgage and to enforce a guarantee of its payment, the defendants-appellants in the Appellate Division appealed from so much of the judgment of foreclosure and sale as directed (Civ. Prac. Act, § 1083) a judgment for deficiency against The Engel Company, Inc., as obligor, and the estate of G-eorge C. Engel, as guarantor. The Appellate Division affirmed by a divided court. The appeal is here as of right.

While the appellants concede that plaintiffs had a right to foreclose their mortgage, which was in default for nonpayment of interest, they nonetheless contend…