New Britain herald., 1930-01-09
ASKS FORECLOSURE . OF MORTGAGE MITE ON I. A, B. SOCIETY
(Continued From First Pacc)

(Continued From First Pagc)
 bility on the debt but the defendant replied that he made the transfers so that he would not be held liable in case of suit by q dissatisfied surgi. cal patient.
 The answer, in full. follows: Answer
 l, Paragraph 1 Of the complaint | as amended is admitted.
 ?. Paragraph 2 is admitted. 5. As to the allegations of para graph 3, it is admitted that on De- cemher 14, 1928, the defendant D. W. O'Connell owned real property l Of considerable value situated in the i City of New Britain. As to the re- malning allegations of said para graph the defendants have not any knowledge or information thereof | sufficient 10 form a belief.
 4. Each and every allegation of | paragraph is denied.
 5. As 10 the allegations of para graph 5, it is admitted that the de- fendant D. w. O'Conncll conveyed to his wife. Helen Curtin O'Connel. and to his brother, Jeremiah J. O'Con- nell. the several pieces and parcels of land particularly described in said paragraph of the complaint. 6. Each and every allegation Of paragraph 6 of the complaint is denied.
 '. Each and every allegation of paragraph ' of the complaint as amended is denied.
 s. Prior to the third day of Aug ust, 1929. and prior to the com menccment of this action, the semi annual interest upon the mortgage note of the Young Mems Total Ab- stinence and Benevolent Society, Exhibit A appended to the com plaint. covering the six months end . ing September 50, 1929 had been paid by the maker of said note and had been accepted by the plaintiff and the plaintiff had agreed with said maker to forbear collecting said note prior to October 1, 1929.
 g. After the third day of August, 1929. to wit, on or about September 1, 1929, the plaintiff billed the maker of said note for the semi annual interest payable by the terms q cold a noto i,, ! vance and made demand upon the maker of said note for the payment of such semi-annual interest paya ble October 1. 1929. Plaintiff has not instituted foreclosure proceedings for the foreclosure of the mortgage securing said note and has not at tempted to appropriate the mort gagged property 10 the payment of said note. Plaintiff has waived any default of payment of said note which may otherwise have existed on the third day of August, 1929, or at any time prior 10 the commence ment of this action.
 10. Denying that the defendant. D. w. O'onnel, has ever had any fraudulent intent or purpose as al legged in the complaint, the defend ants allege that the defendants, Helen Curtin O'Connell and Jere- miah J. O'Connell have never known of or participated in any such fraud ulent intent or purpose on the part of said defendant, D. W. O'Connell.
 II. Since the commencement of this action the plaintiff, without the knowledge or consent of de- fendant, D. W. O'Connell, has made new agreement and arrangement with the Young Mems Total Ab- stincnce and Benevolent Society and has agreed with said society to for bear suing said society upon said note or to bring foreclosure action upon the mortgage securing said note for definite period of time in consideration of the undertaking of said society to raise funds for the payment of said note through the sale of bonds of the society 10 the members of said society and to the public. The period of time of such extension and forbearance is un- known to these defendants but these defendants are informed and be- lieve and therefore allege that the period of such agreed extension in twenty months. Thereby defendant, D. ". O'Connell has become dis charged from all liability upon said alleged agreement of guaranty.
 Defendants,
 By George w. Brady,
 Robinson. Robinson X Cole,
 Their attorneys.
 Cross Complaint of D. w. O'Conncll 1. Paragraphs i and of the com- plaint, together with the Exhibit ap- pended and attached thereto, are made a part of the cross complaint. 2. The semi-annual interest upon said note, Exhibit A, which interest was due October 1. 1929, has not been paid.
 5. Said note, Exhibit A. is secured by the mortgage of the Young Men s Total Abstinence and Benevolent so- ciety to the plaintiff dated December 14. 1926, and recorded in the Land Records of the Town of New Britain, in Vol. 195 at page 40S. upon the following real estate owned by said society," to wit:
 A certain piece or parcel of land with all buildings thereon situated in said Town of New Britain, bound ed and described as follows: Be- ginning at an iron pin in the east line of Main street 1c6.3 feet north of the intersection of the east line of Main street with the north line of Winter street. measured along the east line of Main street, thence run ming northerly along the east line of Main street so feet to an iron pin at the southwest corner of land of Morris Birnbaum, thence running northeasterly along the south line of d triangular piece of land. title to which is in dispute (sec Vol. 135. page 220) 14S6 feet 10 an iron min