Buffalo Savings Bank v. Threeinwon Realty Corp.

Upon these motions both the plaintiff and the defendant Israel ask for summary judgment.

The plaintiff, owner and holder of a bond and mortgage, brings this action upon the bond to recover the amount of taxes paid by it. The defendant Israel is the original mortgagor and obligor, and the defendant Threeinwon Realty Corporation, his grantee, assumed and agreed to pay the mortgage.

The first defense, pleaded by both defendants, is that the action is premature because prior to its inception plaintiff made no demand for repayment of the taxes paid by it. The mortgage provided that the mortgagor…