South Broad Building & Loan Ass'n v. Brunetto

This is an appeal from a judgment of the Essex County Circuit Court entered upon order of Judge Mountain who struck out the complaint as setting up no cause of action.

The suit was on a bond for deficiency under a foreclosure of a mortgage, the deficiency amounting to some $16,000. The complaint set up all the essential facts except that it failed to aver that the notice of intention to sue for the deficiency on the bond had been filed in the register’s office, as required by the statute. 3 Comp. Stat., p. 3423. Judge Mountain held that this was a fatal defect and struck the complaint.

In this…