Brenner v. Ebbets-McKeever Exhibition Co.

Order granting motion of the plaintiffs for an order striking out answer of the defendant-appellant, inclusive of an affirmative defense therein pleaded, reversed on the law, with ten dollars costs and disbursements, and motion denied, without costs. The defense, if alleged as a counterclaim against the codefendants or successors in interest of Walter Brenner and Allen E. Brenner, would be legally sufficient. For the purpose of determining sufficiency, it appears that the Brenners had obligated themselves to assume the mortgage on the entire parcel and had been' paid to do so. One who assumes…