Birenberg v. Razgunas

Defendant holds a mortgage on plaintiff’s property on which $2,350 was due and unpaid May 1, 1933. Birenberg, who is not personally liable because he is a subsequent grantee of one who did not assume and agree to pay the mortgage debt, paid Razgunas on that day $82.25 for interest to date, and $1,700 on principal, receiving a receipt for $2,100 on principal and an agreement to extend the balance of $250 for 1 year and 11 months. Defendant, shortly thereafter prematurely began foreclosure in chancery resulting in a decree dismissing his bill and $218 taxed costs which by stipulation was…