← Cases

Manufacturers National Bank v. Toole

242 A.D. 893 Court N.Y. App. Div. English

Contents

Majority

p. 893
Manufacturers National Bank of Troy, Respondent, v. Mary A. Toole and Another, Appellants.

Judgment and order affirmed, with costs. Hill, P. J., McNamee, Crapser and Bliss, JJ., concur; Heffernan, J., dissents. The complaint alleged a cause of action on a promissory note. The answer pleaded section 1077-b of the Civil Practice Act, the moratorium statute. Simultaneously with the giving of the note defendants gave a real estate mortgage and a chattel mortgage in separate documents. The real estate mortgage not being the “ sole ” security for the debt, the statute did not apply. [152 Mise. 724.]