Perkins v. Smith

Smith, P. J.:

Action by the surviving members of the firm of Erickson, Jennings & Co. to foreclose a mortgage given to the firm by three of the defendants, dated 13th Eebruaiy, 1884. The mortgage was given as a continuing security for the term of ten years, to the amount of $10,000, for the payment of 'all commercial paper discounted or held by the mortgagees and bearing the names of the mortgagors. The members of the firm, as such, were private bankers, that is to say, they were engaged as partners in the business of banking, but they were not organized or doing business under or by virtue of…