Webster v. Roe

Plaintiff heretofore brought an action on a note. Defendant interposed an answer setting up the defense of usury, and procured an order of this court directing the plaintiff to serve a reply to such defense. Pursuant thereto plaintiff served a reply. Without enumerating all of the various steps taken by the respective parties, it is sufficient to say that thereafter the defendant moved at Special Term for judgment on the pleadings, which motion was denied (124 Misc. 110), whereupon defendant appealed to the Appellate Division from the order denying defendant’s motion and the Appellate…