Union Foundry & Pullman Car Wheel Works v. New York Lumber Drying Co.

The sole defense pleaded is “that the note set forth in the complaint was a renewal of a note given in part for a bond to be executed by plaintiff and to be delivered to defendant, said bond being for the purpose of saving defendant harmless from all damages arising out of the use by it of certain patented machines manufactured by plaintiff, and that plaintiff has refused to deliver said bond to defendant. ’’This answer, although vague and indefinite, is scarcely demurrable. The evidence adduced upon the trial developed the nature of the defense, makes clear the facts, and enables the court…