In re the National City Bank

Order of the Surrogate’s Court of Kings county, in so far as appealed from, reversed on the law, with ten dollars costs and disbursements, payable by respondents personally, and motion to strike out the defense contained in paragraph II of appellant’s answer denied. The order striking out the defense permitted the appellant to file an amended answer and it has done so, setting up an additional defense of fraud. Appellant is entitled to plead the defense struck out even though it has filed an amended answer. The defense was struck out on the ground that appellant’s liability is established by…