Kaelin v. Michelson

Motion to dismiss the complaint, under rule 106 of the Rules of Civil Practice, on the ground that it does not state facts sufficient to constitute a cause of action.

The action is one to foreclose a second mortgage, dated April 9, 1932, payable in quarterly installments of seventy-five dollars on account of principal, together with interest. The defendants defaulted in the payment of the installment of principal due April 9, 1933, and subsequent installments of principal, and further defaulted in the payment of the balance of principal which became due on April 9, 1935. Interest and taxes…