Dodge v. Chessman
Superior Court of Pennsylvania
Appeal, No. 29, April T., 1899, by defendants, from judgment of C. P. No. 2, Allegheny Co., April T., 1898, No. 1020, for want of a sufficient affidavit of defense. Opinion by Orlady, J. Assumpsit. Before the court in bane.
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Appeal, No. 29, April T., 1899, by defendants, from judgment of C. P. No. 2, Allegheny Co., April T., 1898, No. 1020, for want of a sufficient affidavit of defense. Opinion by Orlady, J. Assumpsit. Before the court in bane. It appears from the statement that this suit was brought on a promissory note for f350 in the following words: “ $350.00 Pittsburg, Pa., April 26,1897. “ On demand after date I promise to pay to the order of John F. Dodge, three hundred and fifty dollars at six per cent interest without defalcation, value received. (Signed) “ O. S. Chessman, “ Mary R. Chessman.” An…
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff brought suit on a promissory note in the following form:
“ §350.00 Pittsburg, Pa., April 26,1897.
“ On demand after date I promise to pay to the order of John F. Dodge, three hundred and fifty dollars at six per cent interest without defalcation, value received.
(Signed) “ O. S. Chessman.
“ Mary R. Chessman.”
An affidavit of defense was filed in which the defendants deny the plaintiff’s right to sue them jointly; and that any demand for payment was made before the suit was brought, and they allege that all interest due on the note was paid to August 23, 1897, and…
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