Dye v. Lewis

This is a motion by plaintiffs for an order dismissing the “First” through “Sixth” affirmative defenses, and the “First” and “Second” counterclaims alleged in the amended answer of the Lincoln Rochester Trust Company and for summary judgment.

The action was commenced in January, 1971 to foreclose a mortgage executed and delivered on November 28, 1956 by the Standard Brewing Co., Inc. to the trustees, under a trust indenture dated November 28, 1956, as collateral security for the payment of $290,000 of outstanding brewery bonds. Plaintiffs ’ prior motion for summary judgment against the…