American Exchange National Bank v. Yorkville Bank

Two motions. This action originally was brought against the Yorkville Bank only. That defendant, in May, 1923, obtained, upon notice to the plaintiff alone, an order bringing in the Caledonian Insurance Company as an addit onal defendant. The Yorkville Bank subsequently served an amended answer in *618which it sets up certain new matter which is pleaded both as defenses to the complaint and “ by way of cross-action or counterclaim against the defendant Caledonian Insurance Company.” The defendant insurance company now moves to strike out such new matter upon the ground that it is insufficient to…