Morris Plan Industrial Bank v. Mitchell

Melko, D. C. J.

This action on a promissory note was commenced by service of summons and state of demand upon the defendant, on which state of demand there was endorsed a notice requiring specification of defenses to be filed. Accordingly on October 18th, 1938, specification of defenses was filed, service of a copy thereof having been acknowledged prior thereto by the attorney for the plaintiff. The ninth paragraph of the said specification set forth as one of the defenses: “Defendant denies that the signature on the said note set forth in the first paragraph of the state of demand is his…