Reddington v. Elco Merchandizing Corp.

The defense under attack is contained in the third paragraph of the answer, and is as follows:

“ Third. That the plaintiff is not the proper party in interest herein, the plaintiff having parted with his interest in this case by virtue of a subrogation release and assignment duly executed and delivered to the ./Etna Insurance Company, Inc.”

This defense is not alleged as a partial defense, but as a complete defense. Plaintiff moved “ upon the complaint and the answer herein ” to strike out from the said answer the alleged defense therein contained on the ground that said affirmative defense was…