Webster v. Roe

Rhodes, J.:

This is a motion for summary judgment on the pleadings. The complaint alleges a cause of action upon a promissory note. The answer sets up the defense of usury. After interposing his answer, defendant obtained an order requiring the plaintiff to serve a reply to the allegations setting up the defense of usury. Thereupon the plaintiff did serve a reply thereto. Defendant thereupon moved to strike out the reply upon the ground that it is “ inconsistent *111with the complaint in that the complaint sets forth an alleged cause of action at law upon a promissory note, whereas the reply sets…