Dunphey v. Weiner

The opinion of the court was delivered by

Katzenbacji, J.

The plaintiff instituted a suit against Joseph L. Weiner, individually and trading as Garden State Oil Company, to recover upon a hook account. An answer was filed. The answer denied the indebtedness and that the same was due, and set up as a separate defense that any work done by the plaintiff for the defendant was done pursuant to contract. The plaintiff filed a reply. The plaintiff subsequently moved to strike out the answer as sham or frivolous. *14The motion was set down for September 11th, 1928. On that day it was postponed. Later in…