Criado v. Milgram

The appellee filed his complaint to foreclose a mortgage of which he was the as-signee. The appellants, Jose Criado and his wife, denied being in default on the mortgage, and answered the complaint, affirmatively defending on the ground that payment had been made and further, that Milgram had been guilty of fraud. However, the court struck the above affirmative defenses, and subsequently, the appellants moved to interpose the defense of waiver and estoppel. Criado filed his affidavit supporting that defense. The Court granted the motion, but the appellants failed to file the amended answer…