Tittle Guarantee & Tr. Co. v. Fraternal Fin. Co.

This is an appeal from a judgment based upon an order striking out the answer of the appellant on the ground that the same was sham and irrelevant and granting plaintiff’s motion for judgment on the pleadings. The action was to foreclose a mortgage given to secure a promissory note executed by the appellant, the Fraternal Finance Company, in the sum of $100,000, no part of which has been paid, except the sum of $5,000. According to the complaint, the, interest on the promissory note due February 28, 1932, had not been paid. The complaint was filed April 18 1932. The answer of the appellant…