National Broadway Bank v. Swift
New York Supreme Court
Appeal from special term, New York county. Two actions brought by the National Broadway Bank, in the city of New York, against Henry F. Hitch, impleaded with Humphrey H. Swift and Alfred Swift, as members of the firm of H. H. Swift & Co., to recover on a promissory note made by said firm. Defendant Hitch appeals from orders striking out his answer as frivolous.
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Appeal from special term, New York county. Two actions brought by the National Broadway Bank, in the city of New York, against Henry F. Hitch, impleaded with Humphrey H. Swift and Alfred Swift, as members of the firm of H. H. Swift & Co., to recover on a promissory note made by said firm. Defendant Hitch appeals from orders striking out his answer as frivolous. The following is a copy of the answer: “The defendant Henry F. Hitch, by Henry De Forest Weekes, his attorney herein, separately answers the complaint herein, as follows: He alleges that heretofore the plaintiff commenced an action…
1Per curiam
We are of the opinion that the points of the respondent demonstrate beyond question that the answer which was stricken out as frivolous was not subject to that criticism. The order appealed from has been argued by him precisely the same as though it came before this court upon a demurrer, and the question involved is certainly not so clear in favor of the respondent as to justify the court in striking out the answer as frivolous. The order should be reversed, with $10 costs and disbursements.
2Cited by1 opinion
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