Auerbach v. Corn Exchange Nat. Bank & Trust Co.

KALODNER, District Judge.

This matter comes before me on plaintiff’s motion for judgment on complaint and answer. The facts herein set forth are taken from the pleadings.

On February 24, 1933, the defendant as assignee of a mortgage on a property located at 314 — 16 South 50th Street, Philadelphia, upon default of payment after maturity, entered judgment against the plaintiff in the Common Pleas Court of Philadelphia County on the bond accompanying the mortgage and assessed damages in the sum of $32,555. On April 24, 1933, the plaintiff and defendant entered into an agreement pursuant to which…