Shubert v. Buck

The plaintiffs, as receivers of Shubert Theatre Corporation, brought this action on a promissory note, in bearer form, held by them as such receivers.

The answer admits the execution and non-payment of the note but sets up four defenses, one being also designated a counterclaim. On motion by plaintiffs the court struck out all the defenses and the counterclaim.

The first defense adequately sets forth that there was no consideration for the note and the defense is, therefore, sufficient. (Ellis v. Keeler, 126 App. Div. 343; California Packing Corp. v. Kelly S. & D. Co., 228 N. Y. 49; Donnelly v.…