Engler v. Buesser

The opinion of the court was delivered by

Wells, J.

This is an appeal from an order of the court of chancery striking out an answer filed by the defendant in a foreclosure suit.

The mortgage was dated May 1st, 1928, and given by one John J. Murphy to the complainant to secure the payment of a bond of like date for $2,500, on May 1st, 1931, with interest at the rate of six per cent, per annum, payable quarterly.

The bond and mortgage contained a clause that if any installment of interest should remain unpaid for thirty days after the same should fall due, then the whole principal sum with all…