Klinke v. Samuels

Order granting defendant’s motion for leave to serve a supplemental answer reversed on the law and the facts, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. The defendant’s collateral engagement, an absolute guaranty, is a separate and independent contract involving duties and imposing responsibilities different from those created by the original contract. It may be enforced independently of the bond and mortgage to which it is collateral. The contract plaintiff sues upon is not a bond “ which is secured solely by such mortgage.” It does not come…