Toles v. Equitable Life Assurance Society of United States

Action by the plaintiff, Rose Toles, individually and as administratrix of her deceased husband, Morris Toles, to enjoin the foreclosure of a mortgage made by her and her husband to the defendant Equitable Life Assurance Society, to compel its satisfaction, and to recover a sum claimed to be the balance due upon a policy of insurance on the life of Morris Toles, in which the plaintiff was individually beneficiary, pledged as security for the mortgage debt. There were findings for the plaintiff and the defendant appeals from the order denying its motion for a new trial.

On June 1, 1922, the…