Henry Prouse Cooper & Co. v. Wandel

The defendants were sureties upon an undertaking given on behalf of one Alexander D. Findlay, who was arrested in an action brought against him, and which proceeded duly to judgment. This action was in due time and upon all necessary facts to establish the defendants’ liability commenced, and after much delay an answer was served which upon application duly made, was declared to be sham and frivolous, was' stricken out and judgment ordered for the plaintiff. The defense set up was as follows :

Third. For a defense in this action the defendants allege, *10upon information and belief, that after…