Bankers Trust Co. v. Berens

Plaintiff moves for judgment on the pleadings. Separate motions are made against each of the defendants but they must be consolidated and considered together, for reasons which will appear in the discussion of the case.

The action is for a declaratory judgment and consequential relief. Defendants, formerly husband and wife, entered into an agreement with plaintiff by the terms of which the time of payment of certain bonds, secured by mortgages, was extended and defendants promised to pay the principal sum, with interest, and to pay accruing taxes. Interest has accrued and is unpaid and…