Guardian Life Insurance Co. of America v. Lowenthal

Jayne, S. C. 0.

A motion is made in behalf of the plaintiff for a rule striking out the answer filed by the defendant in this action. The criticism of the answer is that it is sham and frivolous. Succinctly stated, the plaintiff seeks in this action to recover from the defendant the alleged deficiency due upon the bond executed on December 31st, 1926; by Hyman Lowenthal, now deceased, and by Annie Lowenthal. The complaint alleges that the mortgage accompanying the bond was foreclosed before the institution of this action.

The defendant in her representative capacity as executrix under the will…