Brown v. Kaplan

This is an action of contract by a mortgagee of real estate against a purchaser of the equity of *511redemption, to recover upon a written promise under seal, made in 1923 in consideration of an extension of the mortgage, to pay the principal and interest when due. The only defence is that shortly after the sealed promise was made, the defendant conveyed the equity of redemption to one Rubenstein, subject to the mortgage, and the plaintiff later gave Rubenstein an oral extension of the mortgage. We assume that the plaintiff had notice of the relation between the defendant and Rubenstein.…