Salt Springs National Bank v. Hitchcock

Lewis, Edmund H., J.

The plaintiff’s suit is upon a promissory-note in the amount of $40,000 of which W. P. Hitchcock Co., a corporation, is the maker and the defendants are accommodation indorsers.

The plaintiff moves to strike out defendants’ answers and the counterclaims therein contained, upon the ground that they are sham, frivolous and insufficient in law, and for summary judgment under rule 113 of the Rules of Civil Practice. The defendant Rubin simultaneously moves for leave to serve an amended answer in which he attempts to set up a complete defense not pleaded in his original answer.…