Irving Trust Co. v. Leff

The plaintiff appeals from an order denying its motion to strike from the amended answer for -insufficiency an affirmative defense and counterclaim, and for summary judgment pursuant to rule 113 of the Rules of Civil Practice.

*284The action is brought upon a promissory note for $10,000 made by the defendant, upon which there is concededly due and unpaid $4,933 with interest. Defendant concedes this indebtedness, but claims a setoff and counterclaim in an amount of $1,000 with interest. The sufficiency of this counterclaim thus presents the only contest in the case.

This counterclaim arises in the…