Morgenstern v. Cohon

Defendant appeals from an order granting plaintiff’s motion to strike the first affirmative defense for insufficiency (Rules Civ. Prac., rule 109). The defense was held insufficient upon the ground that it contained mere conclusions of law unsupported by allegations of fact. The order grants defendant leave to serve an amended answer.

The complaint, in substance, alleges that defendant requested plaintiff to aid him in his efforts to bring about the re-election of the board of directors of the Hudson & Manhattan Railroad Company by the purchase of 16,500 shares of the common stock of the…