Arco Co. v. Hawthorne Fuel Ice, Inc.

This matter comes before me on a motion by the defendants to dismiss the bill of complaint.

The bill of complaint is to foreclose a mortgage on the defendant's premises for an alleged default in the payment of interest and to reform the mortgage by incorporating therein a provision whereby the mortgagor would waive the right to a credit or deduction from interest or principal by reason of the payment of taxes assessed against the premises. The defendants, the Hawthorne Fuel and Ice, Inc., and the two subsequent mortgagees, who are defendants, moved to dismiss the bill.

One of the grounds relied…