Floral Park Lawns, Inc. v. O'Connell

The action is to recover a balance of $20,000 plus interest upon two bonds, secured by a first mortgage upon real property owned by one George W. Averell. Defendant Marguerite O’Connell defends on the grounds (1) that plaintiff is not the real party in interest; (2) that Averell owns the corporate plaintiff and that he acquired the bonds in suit, as well as the accompanying first mortgage, in the name of the plaintiff pursuant to a plan or conspiracy between him and the plaintiff to wipe out and render-valueless a $25,000 second mortgage upon the property, as well as his personal liability…