Schnitzer v. Josephthal

Plaintiff moves to strike out a separate defense and counterclaim as insufficient in law.

The complaint alleges a partnership between plaintiff and defend*16ants to conduct a banking and brokerage business for a term, the wrongful expulsion of plaintiff by defendants therefrom and appropriation of the assets thereof before the expiration of the term. The usual prayer for an accounting follows.

The answer adds to denials a separate defense setting up that defendants ascertained after formation of the firm that plaintiff had prior thereto procured from one defendant $12,500 in a manner constituting…