Anagnost v. Silvestri Bros.

Motion, pursuant to rule 103 of the Rules of Civil Practice, to strike out paragraph 6 of the complaint, repeated in both of the causes of action.

The action is upon two promissory notes, each made by the defendant Silvestri Bros., Inc., signed by Thomas Silvestri, president, and indorsed by the defendant Thomas Silvestri, the first dated September 21, 1931, and maturing September 30, 1931; the other, dated the same day and maturing November 30, 1931.

The action was commenced by the service of a summons upon the defendants May 9, 1940. Under ordinary circumstances, it should have been…