Fidelity Union Trust Co. v. Chausmer

The opinion of the court was delivered by

Trenchard, J.

This is an appeal from a judgment of the Supreme Court entered in favor of the plaintiff after the Circuit Court judge, sitting as Supreme Court commissioner, struck out defendant’s answer.

The suit was to recover a deficiency on a mortgage debt after foreclosure and confirmation of sale. The main defense sought to be raised in this suit was that there had been a failure to make certain month to month tenants in the premises in question (known as 67-71 Springfield avenue, iSTewark), defendants in the foreclosure action, and that therefore…