St. John v. Fowler

The action was tried before the court-, a jury having been waived. Recovery is sought upon a written covenant in an assignment of a bond and mortgage, that a stated amount was owing thereon “ without offset or defense of any kind.” The facts are found as follows: In December, 1908, parties named Collins executed a bond and mortgage to the defendant who was then the attorney for the mortgagors and did not advance anything on the mortgage; about two or three weeks later the defendant executed the assignment in question to the plaintiff; the latter had some money to invest and gave it to her…