133 N.Y.S. 584 | N.Y. App. Div. | 1912
The plaintiff appeals from an order denying his motion for judgment upon the pleadings. . The complaint sets forth the making of a promissory note in writing by the Manhattan Securities Company, a corporation; to the order of the defendant and three others; its indorsement by defendant and the other payees, and its delivery, so indorsed before maturity, to plaintiff for value; its presentation and demand for payment and refusal thereof; its protest for non-payment; and that no' part thereof' has been paid, except the sum of $500. The amended answer undertakes to set up certain separate' defenses, upon the invalidity and insufficiency of which the motion was based. We find that all these defenses are insufficient in law, and the motion should, therefore, have been granted. ' At the outset it may be noted that the amended answer sets up no adequate' denial of the allegations of the complaint, and such claimed
The order appealed from must, therefore, be reversed, with ten dollars costs and disbursements, and the motion for judgment granted, with ten dollars costs, but with leave to defendant to serve an amended answer within twenty days upon payment of the costs, entry of judgment in the meantime to be suspended. . ■ ■
Ingraham, P. J., McLaughlin, Laughlin and Miller, Jj., concurred. . . .
Order reversed, with ten dollars costs ¡and disbursements, ' and motion for judgment granted, with ten dollars costs, but' with leave to defendant to amend answer On payment of costs.