John F. Baxter, Respondent v. Charles E. McDonnell, Appellant

Summary

The Court considered a certified question as to whether the third separate and affirmative defense set forth in the defendant's answer was insufficient in law on its face to constitute a defense. It concluded that the question could not be resolved without first determining whether the complaint itself stated a cause of action, and therefore ordered that the parties be given a chance to reargue the sufficiency of the complaint.