Kelly v. Eggers

The court at Special Term refused to strike out, under rule 109 of the Rules of Civil Practice, certain defenses as insufficient in law in an action on a demand promissory note in the sum of $5,000, which note was accompanied by collateral deposited as security for its payment.

The first defense alleged sets out that the plaintiff is not a bona fide holder and owner of the note and that it was not presented and demand made for payment. If plaintiff is not a bona fide holder of the note the effect of this situation is to render the note subject to such defenses as are available against an…