Security National Bank v. Cohen

Three interrelated issues are presented on this appeal:

1. Did plaintiff-respondent prove the underlying obligation for which the mortgage was security?

2. Was the mortgage executory in that it was conditioned upon the return of the hypothecated life insurance policies?

3. In the absence of a showing of fraud, is the defendant entitled to defend the foreclosure of the mortgage, under seal, on grounds of want of consideration?

Appellant’s major contentions are (1) that the plaintiff-respondent has failed to establish an obligor-obligee relationship between C & S Cohen, Inc., and the Security…