Union Mortgage Co. v. Nelson

The allegations sought to be added by the amended and supplemental complaint are factually nothing more than nonpayment of first mortgage interest and taxes. This is not waste in a legal sense. In the absence of showing fraud or some obligation on the part of defendant owing to plaintiff to make such payments, neither the proposed amended nor supplemental complaint make out a cause of action. Settle order on notice. Present — Peck, P. J., Glennon, Cohn, Callahan and Shientag, JJ.