United States Trust Co. v. Frelinghuysen

Plaintiff and defendants move for summary judgment. The action is to recover certain unpaid interest on defendants’ bond, together with the amount of payments made by plaintiff by way of taxes, assessments and insurance premiums. The answer denies that the bond sued on was delivered for a valuable or adequate consideration and, by way of defense, alleges that by the execution of the bond the defendants became sureties only and not principal debtors and the plaintiff must ' resort to the estate of the original mortgagor.

Plaintiff is the holder of a bond for $50,000 and a mortgage for the same…