Franklin National Bank v. Phoenix Insurance

Plaintiff, pursuant to rule 113 of the Buies of Civil Practice, seeks an order striking out the defendants’ answers and directing the entry of summary judgment.

The second cause of action is based upon a promissory note for $350,000 made by the defendant, Kingsvale Builders, Inc., and indorsed by the codefendants Peter B. Torti and Gerald Krupka. The first cause of action is against the defendant Phoenix Insurance Company, based upon its bond guaranteeing payment of the note.

The defendant Krupka has defaulted in pleading. The defendants Kingsvale Builders, Inc., and Torti, while they have…