Rockmore v. Epstein

The plaintiff moves to strike out two separate defenses in the answer of the defendant Altman. He has consented to the first separate defense in his answer being stricken out. The contested question is with reference to the sufficiency of the second separate defense. In that defense defendant Altman sets up that the note on which he is being sued was usurious and that' plaintiff took it with knowledge of that fact. Plaintiff asserts that as the note was made by a corporation with several individuals signing as comakers, the defense of usury is not available to the individual comakers because…