Rochester Savings Bank v. Stoeltzen & Tapper, Inc.

Plaintiff sues for interest upon a bond secured by mortgage under the ruling in Johnson v. Meyer (268 N. Y. 701). The answer to which this motion is addressed contains five affirmative defenses. Those numbered “ second ” to “ fifth ” inclusive are stricken out on authority of the decision of this court of even date (176 Misc. 140) disposing of similar defenses in the answer of the defendants Link. The Mulrees’ “ first ” defense is not pleaded by the Links and is that by reason of particular facts they did not under any circumstances assume payment of the obligation.

This defense concedes that…