Philsim Realty Corp. v. Fulton Trust Co.

This is an action brought by plaintiff mortgagor against defendants as trustees under an indenture of first mortgage affecting the lease of certain premises described in the complaint to recover an alleged excess of payments deposited with the defendants pursuant to the terms of said indenture set forth in paragraph 4 of the complaint herein.

The only question involved is the construction of the language of the mortgage contained in article IV, section 1, which is fully set forth in the said paragraph of the complaint. By the language thereof the plaintiff as mortgagor was required to deposit…