Schwartz v. Klein

Action for dissolution of partnership, to set aside fraudulent chattel mortgages which were made without consideration, for restitution of moneys unlawfully taken or retained, and to recover damages for the perpetration upon plaintiff of wrongful acts, accomplished pursuant to a conspiracy to make him penniless. On appeal of defendants Laura and Harry Klein, order granting motion of plaintiff to strike an affirmative defense, pursuant to rules 103 and 109 *835of the Rules of Civil Practice, reversed on the law and and the facts, with $10 costs and disbursements, and the motion denied, with $10…