Tchlenoff v. Dyner

This is a motion pursuant to rule 113 of the Rules of Civil Practice for an order striking out the answer of the defendant Dyner and granting judgment to the plaintiff.

The action is upon a promissory note made by said defendant payable to plaintiff and indorsed by the corporate defendant. The making and delivery of the note are admitted; no defense is pleaded other than a purported claim of usury.

In this separate defense which is paragraph marked “ Third ” of the answer, it is alleged that the plaintiff and the said defendant Dyner entered into an agreement whereby the plaintiff agreed “ to…