His Lordship said that in ordinary circumstances plajntiffs would be entitled to judgment on the bill of exchange, unless some! right to defend could be shown them, summary judgment having been instituted to deal with cases of money due on bills of exchange. A defendant was required to show, not that he could win his case, but that there was some issue of fact or law which ought to be tried_before judgment was given. Here the defendant said that the goods which formed the consideration for this bill of exchange were not up to sample and had been rejected accordingly. It seemed that defendants were right in saying there was an issue to be tried. It might be that the alleged difference in quality of the goods amounted to total failure of consideration, or only partial failure; he could not say, but in the circumstances defendants must have-leave to defend uncondition ally.
His Lordship accordingly ordered that defendants have the costs of that appearance, and that a defence be. filed.
Text read from the printed page and cleaned; old type leaves the occasional error.