Merchants National Bank v. Fidelity Mutual Life Ins.

WIEAND, J.,

Without regard for procedural regularity, the parties to this action in assumpsit have requested the court to determine prehminarily the validity of the defense pleaded as new matter in defendant’s answer. The vehicle chosen to obtain such a determination is plaintiffs “Motion for Partial Summary Judgment re: Defendant’s New Matter.” In order to induce the court to act on such motion, the parties have submitted an agreed statement of facts. It is only because there is agreement as to the facts and because both parties have consented to this procedure *450that we undertake at this time…