Carousel, Inc. v. Ingegno

From the complaint this action appears to be an ordinary real property mortgage foreclosure for failure to pay monthly installment on the bond. The proof, however, discloses that the bond and mortgage were given to secure the performance of a so-called leasing agreement. Thus unless the defendant is indebted to the plaintiff under that agreement there is no debt on the bond.

The agreement provides for the rental by the plaintiff to the defendant, Anthony Ingegno, of a certain “ cabousel soft ice cream truck ” for a term of 33 months commencing on August 5,1962, and calls for the payment of “…