Weisstein v. Peter Corbyon Liquor Store, Inc.

This is a motion under rule 109 of the Rules of Civil Practice to strike out the first separate defense set up in the answer on the ground of insufficiency. The defendant meets the attack by a counter-attack on the complaint. It contends that the complaint is fatally defective because it shows that the plaintiff, who is suing to restrain the defendant from cutting prices of liquors under the Fair Trade Act (Laws of 1935, chap. 976), is not a signer of any price-fixing contracts. The court must overrule that contention. The statute permits “ any person damaged thereby ” to bring action for a…