Fidelity State Bank v. Bradley

Peterson, Justice.

Defendant appeals from the order striking her answer as sham and frivolous.

The complaint alleged that plaintiff is the payee named in and the holder of a promissory note in the sum of $4,000 executed and delivered on or about July 5, 1947, by defendant upon which there is due $2,684.19. The answer alleged three defenses, viz.: (1) That on June 23, 1948, plaintiff transferred the note to Henry Levine, a comaker; (2) that plaintiff is not the real party in interest and that Levine is; and (3) that on July 6, 1947, defendant executed and delivered to plaintiff a chattel…