Business Men's Building & Loan Ass'n v. Tumulty

Brown, C. C. J.

The above suit was brought by the plaintiff to recover on a bond for a deficiency arising after the foreclosure of a mortgage. The answer admits the making of the bond and mortgage and a decree and sale in the foreclosure suit. A denial is alleged of anything being due on the bond; that suit was not brought within the statutory period and a separate defense alleging that proper notice of the action was not filed in the register’s office of Hudson county. The plaintiff moves to strike the answer and separate defense upon the ground “that the same are sham and/or frivolous and do…