Cohn v. . Spitzer

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 12, 1911, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, without a jury, in an action to recover upon a bond executed by defendants to accompany a second mortgage upon real property, the lien of which had been subsequently extinguished by the foreclosure of the first mortgage: