Johnson v. Quayle & Son Corp.

Martin, J. (dissenting).

The complaint herein sets forth two causes of action; one to recover $1,000 for the stipulated drawing account for five weeks between August 1, 1931, and September 4, 1931; the other to recover $28,400 damages for wrongful discharge on September 1, 1931.

The defendant’s answer, in addition to a number of denials, consists of eight complete defenses, two partial defenses and four counterclaims.

The court at Special Term struck out paragraphs 16-19, 24-28, 34-42, inclusive. By striking out these paragraphs the court eliminated the third, fifth, sixth and seventh separate…