Goldberg v. MacChiarelli

In a suit brought to foreclose two mortgages, complainant is now before the court on a motion to strike out the amended answer and counter-claim.

The undisputed facts are as follows:

On January 13th, 1928, Joseph and Rose Macchiarelli, his wife, two of the defendants, executed a second mortgage on one of the tracts in question to secure the sum of $4,500 payable January 13th, 1930, with interest at six per cent. By mesne assignment this mortgage was assigned to complainant in February, 1928. On January 16th, 1930, Joseph and Rose Macchiarelli executed to one Morris Gold a mortgage, which was a…