Merchants National Bank of Plattsburgh v. R. Prescott & Son, Inc.

The complaint sets up three causes of action on three promisorsy notes,, aggregating $50,,000. The answer denies *195practically all of the allegations of the complaint and sets up four separate defenses. Plaintiff moved to strike out the separate defenses and for summary judgment. The first, second and fourth and that part of the third which repeated the allegations of the first were struck out, and the motion for summary judgment Was denied. Both parties appealed. The separate defenses cover nineteen pages, or about 5,500 words. They are unnecessarily verbose, redundant and repetitious.…