Allen Industries, Inc. v. Exquisite Form Brassiere, Inc.

Plaintiff moves pursuant to rule 112 for judgment on the pleadings. The action is against a guarantor. In its answer, the defendant has in effect admitted the indebtedness of its principal to the plaintiff, but asserts that the plaintiff is indebted to the principal. The first and second separate defenses are based on section 218 of the General Corporation Law. In the third defense and setoff it is alleged that plaintiff is indebted to the principal for an amount in excess of plaintiff’s demand. Plaintiff contends that the allegations of the third defense and setoff are conclusory and it is…