Menkis v. Whitestone Savings & Loan Ass'n

After trial the court finds for the defendant.

*330In this small claim action the plaintiff sues his mortgagee to recover interest allegedly due on what he calls “ escrow money ” held by the bank. This “ escrow money ” consists of the payments made by the plaintiff as obligor on his bond to the defendant under which bond the plaintiff agreed to pay monthly the sum of $154.64 for interest and principal and $96.36 for all other payments bank might have to advance. The plaintiff relies upon the following provision contained in the bond:

‘ ‘ 1. The Obligor, if such be required by the Obligee, shall…