Meurer v. Brinkman

Gaynor, J.:

The action is upon two promissory notes by the rpayee against the maker. The answer denies the allegation of the 'complaint that the notes were made and delivered for value. This ■denial raises the issue of want of consideration, it not being necessary to plead lack of consideration as a “ defence ” (Evans v. Williams, 60 Barb. 346). • The motion is upon affidavits to strike the answer out as sham (Code Civ. Pro. sec. 538)., A general or *13special denial cannot be struck out as sham. Only “ defences ” may be struck out as sham (Wayland v. Tysen, 45 N. Y. 281). Ho issue raised by a…