Nathan H. Gordon Corp. v. Cosman

This action is brought on a demand note for $20,000 made by defendant to the order of plaintiff on December 31, 1929. Payment has been frequently demanded but nothing has been paid on account of the note, except one payment to plaintiff in partial discharge of interest.

Defendant appeals from the order, and summary judgment thereon, directed in favor of plaintiff under rule 113 of the Rules of Civil Practice and section 476 of the Civil Practice Act, on the ground that there was no defense to the action, that the answer was sham and frivolous and interposed purely for the purpose of delay and…