Scharff v. Annattee Realty Co.

The facts in this case are that one Herman sold a property to the defendant on which the complainant Newman held a certain mortgage in trust. Newman canceled his mortgage at the time of the sale and took back in his own name another mortgage for $15,000, which is the mortgage in question. This mortgage was dated on the 1st day of February, 1923. It contained the usual default clauses. Six months' interest became due on the 1st day of August, 1923. No offer or tender of interest was made until after the period of grace had expired.

It appears in the testimony that an assignment was made to the…