Loma Holding Corp. v. Cripple Bush Realty Corp.

This is an application by a corporation, the holder of a bond (and mortgage), for judgment on the pleadings under rule 112 of the Rules of Civil Practice.

The plaintiff corporation has sued for a balance of $24,117 upon an extension agreement dated December 31, 1930, wherein and whereby the defendant assumed payment of the mortgage debt, which extension expired December 31, 1931. There has been no further extension. The plaintiff has never demanded foreclosure, but in this action simply asks judgment upon the extension of the bond for the balance due. It merely becomes the duty of the court,…