138 N.Y.S. 644 | N.Y. Sup. Ct. | 1912
The action is .brought to foreclose a second mortgage originally amounting to <$9,500, on which the sum of $375 was paid on the twenty-first day of February, 1910, and the further sum of $156.25 on the tenth day of May, 1910, and the further sum of $156.25 on the tenth day of August, 1910, making the aggregate payment of $687.50, and leaving due on the principal the sum of $8,832.50. The plaintiff asks for a deficiency judgment against the defendants Rubenstein and Rude, and the principal question in the case relates to the rights of the plaintiff as against these defendants, who were the owners of the property at the time the mortgage in suit was given, • and who gave their bond with the mortgage, but who subsequently conveyed the property, their grantee taking it subject to the mortgage but not assuming its payment. The mortgage in suit, with the bond accompanying it, was given by the defendants Rubenstien and Rude on the tenth day of September, 1908, and was payable on or before the tenth day of September,
Judgment accordingly.