National Surety Corp. v. Kaufman

The plaintiff herein moves for an order striking the defendant’s answer as sham and for summary judgment pursuant to rules 104 and 113, respectively, of the Rules of Civil Practice.

*916This defendant, an attorney, represented one Casey in a replevin action, and, on behalf of Casey, as plaintiff in that action, he sought a replevin bond from the present plaintiff, for which Casey was to give collateral. The bond was secured; Casey never provided any collateral; Casey’s action was dismissed for lack of prosecution; plaintiff was required to and did make payment under the bond; and now, in this…