Salt Springs National Bank v. Hitchcock

Plaintiff bank sued defendants, Hitchcock and Rubin, as indorsers of a $40,000 promissory note. Plaintiff, upon motion, has obtained a summary judgment for the full amount. The indorser Rubin has appealed. Our main concern here is the sufficiency of the appellant’s plea as indicated in the papers presented by him to meet plaintiff’s motion, viz., his answer, proposed amended answer, and the affidavits of himself and defendant Hitchcock. For unless upon all the papers plaintiff has made it appear that appellant’s denials and defenses are sham or frivolous, and that, therefore, a trial would be…