By the Court, Bronson, J. I am satisfied that the demurrer was not put in in good faith ; the question of fact raised by the pleadings might have been fairly tried. The plaintiffs’ attorney was right in the course he adopted. (14 Johns. R. 345. 1 Cowen, 152, 154.) The motion is denied for the reason above suggested; and not on the ground of the falsity of the plea. Motion denied.