Erie Railroad Co. v. S.J. Groves Sons Co.

The opinion of the court was delivered by

Wells, J.

This is an appeal from a judgment entered on an order made by Judge Brown sitting in the Hudson Circuit of the Supreme Court, as a Supreme Court commissioner, striking out the answer of the defendant Liberty Surety Bond Insurance Company (hereinafter referred to as Surety Company) on the ground that it was sham, and ordering summary judgment entered against said Surety Company for $25,000.

Briefly the facts are that S. J. Groves & Sons Company (hereinafter referred to as Groves Company), a foreign corporation, was engaged in the construction of…