Green v. Green

Plaintiffs move for an order (1) striking the first affirmative defense from the defendants’ answer pursuant to rule 109 of the Rules of Civil Practice; (2) striking the second affirmative defense therefrom pursuant to rule 104 of the Rules of Civil Practice; and (3) granting summary judgment pursuant to rule 113 of the Rules of Civil Practice.

*325The action is one to recover on a series of promissory notes given by the defendants as part payment for the sale of certain certificates of stock in businesses in which the parties to this litigation were interested.

The motion under rule 109 — as a…