Neptune Meter Co. v. Long Island Water Meter Repair Co.

In an action upon a promissory note brought by the payee against the corporate maker and the individual endorser, the defendant Schneider, the plaintiff moves to strike out the latter’s answer and for judgment pursuant to rule 113 of the Rules of Civil Practice, upon the ground that there is no defense to the action.

The answer sought to be stricken out, after denying the material allegations of the complaint, asserts two defenses: (1) That the signature of the endorser was placed on the note without consideration after the delivery thereof; and (2) that after the delivery of said note, the…