Messineo v. Kletz

The action herein is brought to recover on various checks drawn by the defendants as individual makers. Some of them were made payable to cash and indorsed by the makers; others were payable to the order of the plaintiff. In none of the causes of action is it alleged that plaintiff is a holder in due course. The complaint further alleges that when presented to the bank on which it was drawn each of the checks was dishonored.

Plaintiff presently moves to strike the first and third affirmative defenses of defendants Westerman and Rosen. In the first affirmative defense, these defendants allege…