55 Minn. 419 | Minn. | 1893
Appeal from an order striking out an answer as sham. The action is on a promissory note made by the defendants Byers, Cook, and Clark, payable to the defendant Barnard, and by him indorsed to plaintiff. The answer denied' that the note was executed for a valuable consideration; alleged that it was executed without consideration; and denied knowledge or information sufficient to form a belief whether it was indorsed by Barnard to plaintiff.
On the motion as finally submitted, there were used, on the part of the plaintiff, the affidavits of two persons, one of them Barnard,
All the affidavits put it beyond reasonable doubt that the answer was false, and that the defendants knew it to be false.
Order affirmed.