Meyers v. Jay-Bee Realty Corp.

This is an appeal from an order granting plaintiff’s motion to strike those portions of defendant’s answer, entitled, “affirmative defense” and “recoupment.” Although not shown in the printed record, the files of this court contain plaintiff’s motion to dismiss this appeal because of defendant’s failure to secure leave and the subsequent denial of that motion.

Plaintiff declared on a promissory note for $3,243.20, dated 1939, claiming that the entire principal was due and payable and that defendant had not paid the note or the interest thereon. Although the declaration states that a copy of…