Passman v. Budnizky

Plaintiff sued defendants as indorsers on a promissory note for $1,250, secured by a purchase money junior mortgage on real estate. The cause was tried by the court without a jury, resulting in a judgment for defendants, from which plaintiff prosecutes this appeal.

The cause was tried upon the following stipulated facts:

“1. On June 1st, 1928, Isadore Schwartz and Lena Schwartz, his wife, executed and delivered to defendants their principal promissory note in the sum of Twelve Hundred Fifty ($1,250.00) Dollars, secured by a certain purchase money junior mortgage or trust deed recorded in the…