Roethlisberger v. Bank of Monticello

The facts in this case are neither complicated nor in dispute. During his lifetime Simon Roeth-lisberger owned a real-estate mortgage securing a loan of $30,000, the mortgage debtors being Messrs. Zurfluh, Kaempfer, and Portman. On March 6, 1920, Roethlis-berger, by assignment absolute in form, assigned the mortgage to the defendant bank as collateral security for a loan of $11,000 and any additional amounts that might subsequently be loaned. Thereafter, on February 27, 1927, Roethlisberger assigned the mortgage to Rolph Brothers to secure the payment of a debt of about $12,500, and later he…