223 A.D. 194 | N.Y. App. Div. | 1928
The complaint sets up three causes of action on three promisorsy notes,, aggregating $50,,000. The answer denies
If we understand the purposes of the pleader, submerged in the prolixities and redundancies of the answer, they are to allege that the notes had a fraudulent inception and that their infirmities were known to the plaintiff when it became a holder thereof; that the defendant, as plaintiff knew, was not the party in fact obligated thereon; that the plaintiff permitted indorsers to be discharged from liability and collateral security to be withdrawn, thus increasing any obligation or liability the defendant may have incurred; and that the making of the notes was an ultra vires act.
We think if properly pleaded it may be possible to state the .'first three as valid defenses. The simple facts should be set forth ■concisely without unnecessary repetition and without stating the ■evidence which it may be claimed supports the facts. (Civ. Prac. Act, § 241.)
The order should be modified by striking out all the defenses, and as so modified affirmed, with ten dollars costs and disbursements, with leave to the defendant to serve an amended answer within twenty days upon payment of costs and without prejudice to the right of the plaintiff to move for summary judgment after service of the amended answer.
Van Kirk, P. J., Hinman, Davis and Hill, JJ., concur.
Order modified as indicated in the opinion, and as so modified affirmed, with ten dollars costs and disbursements, with leave to the defendant to plead over within twenty days on payment of said costs.