Wintner v. National Surety Co.

This is a motion by the plaintiff to strike out from the answer of the defendant the affirmative defense, on the ground that it is insufficient in law. The complaint sets forth that one Samuel Aron was arrested pursuant to an order granted by one of the justices of the Supreme Court in an action brought gainst said Aron for breach of promise to marry; that subsequent thereto, Aron was released from arrest on an undertaking executed by this defendant; that thereafter judgment was duly rendered against said Aron, which judgment was docketed in the office of the clerk of the county of New York…