Wittemann v. Giele

The opinion of the court was delivered by

Campbell, J.

This is an appeal from a summary judgment.

The action is founded upon six promissory notes made by the Wittemann Aircraft Corporation, payable to the plaintiff, or order, all of which were endorsed by the defendant Giele, and four of which were endorsed by the defendant O’Leary.

This suit was against the endorsers. The defense was that defendants were accommodation endorsers for the plaintiff, at his request and without consideration.

Plaintiff moved to strike out the answers upon the ground that they were sham and frivolous. They could not be…