City Bank Farmers Trust Co. v. Frankenfelder

McLaughlin (Charles B.), J.

This is a motion made by individual defendants, who are also executors and trustees of the decedent Bernhard Frankenfelder, to dismiss the complaint as against them. The action is brought to foreclose a mortgage and a deficiency judgment is asked against these executors and trustees as individuals. The facts are simple.

On May 10, 1912, Bernhard Frankenfelder, the decedent, executed his bond and mortgage to one Field for $70,000. At the time of his death on April 24, 1922, there remained unpaid the sum of $50,000. On October 7, 1930, after the three executors and…