General Contract Purchase Corp. v. Weltchek

The opinion of the court was delivered by

Perskie, J.

This case comes up on appeal from a summary judgment entered by order dated December 24th, 1932, of the late Chief Justice Gummere, on striking out an answer on the ground that it was sham and frivolous and was filed merely for the purpose of delay.

The facts are not in dispute. The present suit is upon an insolvent debtor’s bond, made by one Joseph Weltchek, and upon which bond the present defendant-appellant appeared as surety. The bond was entered into pursuant to section 2 of the Insolvent Debtors’ act. 2 Comp. Stat., p. 2824. The bond…