If a plea be so pleaded that it is manifestly intended to embarrass the plaintiff, the Court, on affldavit that the plea is false will set it aside. As, where, to an action by the second indorsee of a bill of exchange against the acceptor, defendant pleaded that the acceptance was obtained from him by fraud of the drawer, that the bill was overdue when indorsed by the drawer to the first indorsee, and that both indorsees at the time of taking the bill, had notice of the premises. A plea under such circumstances is not treated as a mere irregularity.
Citations:
[1849] EngR 1090, (1849) 14 QB 418, (1849) 117 ER 164
Links:
Litigation Practice
Updated: 05 May 2022; Ref: scu.299395