Metropolitan Trust Co. v. Real Estate-Land Title & Trust Co.

Taulane, J.,

This is a rule for judgment for want of a sufficient affidavit of defense.

The defendant, by agreement dated June 14, 1924, undertook to finance a building'operation for Joseph R. Whelan and Joseph A. Whelan. The agreement provided that the Whelans should deposit from time to time, as requested by the. defendant, securities to secure the defendant for any sums due it under the agreement, and it authorized the defendant, in the event of the Whelans’ default, to sell, transfer and assign any such securities to reimburse it.

The Whelans caused to be conveyed to the defendant, as…