13 Abb. Pr. 65 | N.Y. Sup. Ct. | 1861
—The complaint in this action is on a promissory note alleged to be made by a firm composed of the four defendants, three of them being general partners and the fourth a special partner. The general partners answer. The only averments in the answer which raise any issue are: “ They deny, on information, that the note mentioned in the complaint was at any time, for value, "transferred to plaintiff, and deny that plaintiff is the holder and owner of the note; and to the contrary thereof, they aver that such note is, and at the commencement ' of this action was, lawfully owned by Orlando M. Bogert and Robert H. Corbett; and that they are, or one of them is, the real party in interest.”
Motion is made to strike out the answer as sham.
. Motion granted, with $10 costs.