Kasnowitz v. Manufacturers Trust Co.

Plaintiffs move under rule 109 of the Rules of Civil Practice for an order striking out the second and third affirmative defenses from the answer of the defendant Manufacturers ¡Trust Company as insufficient in law upon the face thereof. Plaintiffs, as copartners, maintained a check account under their firm *546name in one of the branch banks of this defendant. Their complaint alleges that they issued two checks, both to the order of the impleaded defendant, Hope Bag, Inc., one week apart in the sums of $12 and $14, and that on presentment of these checks the bank paid out of their account…