First Citizens Bank & Trust Co. v. Speaker

Judgment modified on the law by striking out provisions for return of security and as modified affirmed, without costs. Memorandum: We find in the proof of the transaction between the parties to this action, the Savings Bank of Utica and the Home Owners’ Loan Corporation sufficient to establish that the plaintiff agreed to accept a renewal note of $830, secured by bond and mortgage, in full settlement of the former note *825and mortgage of the defendants. In reaching this conclusion we take into consideration the surrender of the original note to the Home Owners’ Loan Corporation, the form, of…