Kruger v. Mark

This is the foreclosure of a mortgage given by the defendants to the Crosstown Building and Loan Association. The mortgage was payable in monthly installments of $402 to be applied first to interest; second, to taxes, fire insurance premiums and other liens which might be charged against the premises and paid by the Association; and lastly, to be applied to the principal debt. In September, 1937, and thereafter, the defendants paid, and the Association accepted, in place of the stipulated installments of $402, whatever were the net rents of the property. For instance, in September, $310;…