New Rochelle Trust Co. v. Hinton

The defendants have appealed from three orders denying their motions to dismiss the complaints of the plaintiffs for failure to state facts sufficient to constitute a cause of action. The complaints are similar and may be summarized as actions brought by the obligees upon bonds secured by mortgages on real estate executed by the defendants’ testator some years before his death. In each action the amount sought to be recovered is the interest due and owing at the death of the obligor. The complaints contain no allegation as to the contents of the will nor is there any allegation that the…