Kelly v. Barnett

Roosevelt, Justice.

The defendants object to paying the note on which this suit is brought, on the ground that it was given on the purchase of certain alleged wines called “ Port,” “Pale Sherry,” “Burgundy,” “Muscat,” and “Madeira,” which turned out to be mere sham fabrications. Considering this answer as a mere sham defence, the plaintiffs on that ground' or rather as they express it, on the ground of its “frivolousness,” apply for a summary judgment without further trial.

The question then presents itself—and it is the only one now to be determined—is such a defence, admitting it to be true,…