Rogal v. Mullen

Rogers, J. The plaintiff, with the consent of the defendant took executory process to foreclose a mortgage without producing the note, alleging that it had been lost or stolen. Mrs. Glaser injoined on the ground that she held and owned the note, and had acquired it in due course of business before maturity. The plaintiff had handed the note to his daughter; who was the divorced wife of the defendant, for her to raise money or to pay the expenses of her divorce suit.