Solomon Schwartz B. & L. Ass'n v. Pedley

Kun, J.,

This is a rule for judgment for want of a sufficient affidavit of defense. The defendants gave their collateral bond to the plaintiff in the sum of $10,000, reciting that, whereas the plaintiff has agreed to take *443a building and loan association mortgage on certain property in the sum of $30,000, the condition of the obligation was such “that if the Solomon Schwartz Building and Loan Association is paid from time to time the sum totaling $10,000 on this building and loan association second mortgage,” then the obligation to be void; otherwise, it is to be in full force and effect.

The…