Helmick v. Probst

This is a motion by defendant for summary judgment, dismissing plaintiffs’ complaint upon the ground that the *285second affirmative defense, together with a concession as to a written agreement hereinafter referred to, constitute a complete bar to plaintiffs’ action.

The action is simply for an indebtedness of $8,000 claimed to be owing from defendant to plaintiffs’ testatrix. Five affirmative defenses are pleaded in the answer. The only one with which we are concerned upon this motion is the second, it being conceded that the remaining defenses raise triable issues. The second affirmative…