Warren Trading Corp. v. Kraglan Building Corp.

We are of opinion that the answer interposed by the defendant, appellant, presented, inter alia, an issue whether the advances alleged to have been made upon the building loan agreement and the mortgage were made as alleged, and whether the owner was in default in proceeding with the completion of the building or as to the other matters pleaded as justification for declaring the mortgage due. Non constat, if the plaintiff had advanced the full amount of the loan, the defendant, appellant, might have collected the amount due for the work and materials furnished in the building. A foreign…