Muldowney v. McCoy Hotel Co.

The appellant, McCoy Hotel Company, relies upon several assignments of error. The material facts will be stated in connection with each of appellant’s contentions which it is necessary to pass upon.

The appellant’s first contention is that Niagara Building Corporation is not entitled to1 replevin the mortgaged property because, at the time of the commencement of this action, it was not the holder of all of the unpaid notes secured by the mortgage upon which it bases its right to- recover. That mortgage was given by the defendant to Esther Muldowney on May 28, 1932, to secure seventeen…