Bowen v. Bissell

Headnote

A general affidavit of merits is sufficient to resist a motion to strike out a plea as false, where there is no intricacy in the defence interposed.

Motion to strike out a plea as false, or for leave to reply double. The action is debt on bond for the payment of money, by an assignee of the obligee. The defendant pleads non est factum and payment. The plaintiff, on an affidavit that he apprehends that the defendant will produce in support of his second plea an instrument in writing, acknowledging satisfaction, fraudulently executed by the obligee after, but bearing date previous to the assignment, and that the defendant had admitted the existence of the debt at the time of, and subsequent to the assignment, moves to strike out the second plea as false, or if that be not granted, that he have leave to reply double. The defendant opposes the motion by reading a general affidavit of merits.