McCue v. Franklin

The opinion of the court was delivered by

Allen, J.:

This was a suit begun by plaintiff as trustee under an issue of corporation bonds to recover the amount of an unpaid judgment representing the value of the unpaid principal and interest on the bonds. Judgment had previously been secured foreclosing the mortgage securing the bond issue against the property covered by the mortgage and against the mortgagor. The property proved insufficient to satisfy the judgment and the mortgagor was insolvent. In this suit it is sought to recover the amount still due on the judgment from the defendant Fox…