Gallagher v. Schmidt

In my opinion the trial court erred in sustaining plaintiff’s demurrer to the ninth plea. The plaintiff could not recover a judgment against the defendant in this suit unless he wps in fact the bona fide owner of the Filicetti judgment. Even assuming that the declaration properly alleged that plaintiff was such bona fide owner that the assignment therein set forth was to that effect, the ninth plea directly denied that allegation and alleged the contrary. It tendered an issue of fact on a vital point of the plaintiff’s case. The defendant is entitled to a trial on that issue. The plea should…