The Penn Mutual Life Insurance Co. v. Moscovitz

Plaintiff in error instituted this common law action against defendant in error in the Circuit Court of Duval County, to recover the balance due on a promissory note after foreclosure. The note sued on was secured by the mortgage foreclosed and 'the proceeds of the foreclosure sale was credited on the note in reduction of the indebtedness evidenced thereby.

The defendant filed four amended pleas to the declaration to which demurrers and motion to strike was granted except as to the fourth plea. The demurrer and motion to strike the fourth plea was overruled, the plaintiff declined to amend and…