Savings Bank of Rockville v. Cohn

The complaint alleged that the assumption agreement sued upon was executed by the defendants as trustees for the purpose of obtaining forbearance of the plaintiff to call for payment of its note in full and foreclo'se the mortgage securing it, and, in a second count, that the defendants executed the agreement without any express authority under the will or from the Court of Probate, exceeded their powers, and thereby contracted personally.

The plaintiff is the holder of a note for $18,000 secured by first mortgage on premises in Hartford, executed by Isaac and Sarah Tamaren, payable on demand…