Kasnowitz v. Manufacturers Trust Co.

Plaintiffs move to strike out the second affirmative defense in the defendant’s amended answer as insufficient in law. The facts and nature of the action are stated in the opinion of this court considering the sufficiency of the defendant’s original answer. (Kasnowitz v. Manufacturers Trust Co., 171 Misc. 545.) There it was stated that “ If there will be a double recovery, an unjust enrichment will result which is susceptible of a legal remedy.” Defendant’s amended answer now pleads the transaction between plaintiffs and their contractor, Hope Bag, Inc., the delivery of the checks against…