Henderson v. Van Wagner

Motion by plaintiff for summary judgment; cross motion by defendants for an order dismissing the complaint for legal insufficiency.

In February, 1940, plaintiff lent money to the defendants and received as security therefor a third mortgage. Thereafter plaintiff to protect her third mortgage acquired the second mortgage by assignment. Still later, plaintiff lent defendants $500 *534which was secured by a fourth mortgage. In 1943, plaintiff to protect her second, third and fourth mortgages purchased the first mortgage from a savings bank. This action is brought to foreclose all four mortgages.

Defend…