Le Pochat v. Pendleton

Motion is granted. By this application under subdivision 6 of rule 109 of the Rules of Civil Practice, the plaintiffs move to strike out the first separate defense upon the ground that it appears on the face thereof that it is insufficient in law.

The plaintiffs, husband and wife, were employed by the defendant, as butler and cook, respectively. The complaint contains three causes of action: the first cause of action is brought by the husband to recover damages, alleging that the defendant committed a malicious and wanton assault upon him, causing him to suffer serious injury; the second cause…