New York Court of Common Pleas August 15, 1864 (Lockwood v. Salhenger)

Cardozo, J.

It must be a very plain case which will justify the court in declaring an answer to be sham. Such is the tenor of all the cases on the subject. The law has pointed out the tribunals to determine issues of fact, and parties should not, except in a clear case, be deprived of the benefit of a regular trial.