Rosen v. Colligan

This was an action for the foreclosure of a mortgage securing a negotiable promissory note given by the defendant to one Flanagan. Thereafter (paragraph 3 of complaint) “by his deed of assignment, said Flanagan assigned said mortgage and indorsed and delivered said note to the plaintiff and the plaintiff now owns the same.” It is further alleged (paragraph 4- of complaint) that the note is in default and under its terms is now due and payable. '

The defendant filed an answer denying the allegations of paragraph 3 of the complaint and admitting the other allegations. In addition two special…